Taylor v. Chicago, Rock Island & Pacific Railway Co.

i. Negligence: waiving master’s negiigenee as matter of law. Plaintiff brings this action to recover damages which it is alleged he sustained by reason of the negligence of the defendant. He claims that, on the 24th day ■ of January, 1915, he was in the employ of the defendant, as engineer, running an en- , . „ gme on a passenger tram en route from ' Valley Junction, Iowa, to Trenton, Missouri; that, in the discharge of his duty, he was compelled to pass under a certain viaduct; that an abutment supporting the viaduct was built too close to the track, and rendered the place exceedingly…