Supreme Court of Minnesota December 5, 1898, Nos. 11,304—(131) (Anderson v. Great Northern Railway Co.)

START, C. J.

The plaintiff was one of a crew of men working for the defendant in repairing its roadbed, which had been washed out by high water. The ties and rails where the washout occurred were blocked up by timbers, so that trains continued to run notwithstanding the break in the roadbed.