Mahutga v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

The appeal is from a judgment entered pursuant to defendant’s motion for judgment upon the pleadings and upon the opening statement of plaintiff’s counsel.

The action, which is to recover for personal injuries to plaintiff while a he'ad brakeman in defendant’s employment, is based upon an alleged violation of the boiler inspection act, as amended, and brought under the federal employers liability act. Plaintiff was injured while his train was engaged in interstate transportation. It was December, and side cab curtains were being used-. It was plaintiff’s duty to catch a No. 19 order (an order…