Kilby v. Charles City Western Railway Co.

The appellee operates an electric railway between the towns of Marble Rock and Charles City in this state. In October, 1919, the appellant was a brakeman in the employ of the appellee. The train crew consisted of a conductor, a motorman, and the appellant, and they were in charge of a freight train. The crew made the trip from Charles City to Marble Rock and return. On the evening of October 4, 1919, between 11 and 12 o’clock, they left Marble Rock for Charles City. About midway between Marble Rock, and Charles City is the station of Oakwood. Some distance outside of Oakwood the train was…