Fischer v. Chicago & North Western Railway Co.

Julius J. Olson, Justice.

Defendant appeals from an order denying its alternative motion for judgment notwithstanding the verdict or a new trial.

Plaintiff is the managing officer of Purity Sausage Company, the building in which it is located being on Willow street in Mankato alongside the .tracks of defendant railway company. It was customary for plaintiff to get up early in the morning to assist in and superintend the loading of products of the company for transportation into the country. On the day of the accident, October 25, 1932, at about 5:40 o’clock in the morning and while it was still…