Westover v. Chicago, Milwaukee, St. Paul & Pacific Railroad

1 Reported in 266 N.W. 741, 267 N.W. 427. This case comes here upon an appeal by the railway company from an order denying its motion for judgment notwithstanding the verdict or for a new trial — upon all issues, the trial court having granted a new trial on the issue of damages alone because of the excessive verdict.

The plaintiff was injured while in the railway company's employ, and the suit is brought under the federal employers liability act. He was driving a gasolene-powered track-car along the main track of the defendant company in the state of Iowa, and at an intersection of the track…