Supreme Court of Minnesota January 10, 1908, Nos. 15,384—(158) (Holden v. Great Northern Railway Co.)

START, c. J.

On October 29, 1906, at about one o’clock p. m., the plaintiff’s intestate was killed while attempting to alight from defendant’s passenger train when it was in motion. This action was brought in the district court of the county of Swift to recover damages for his death, on the ground that it was caused by the negligence of the defendant.