Supreme Court of Minnesota January 31, 1908, Nos. 15,446—(177) (Mattson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.)

BROWN, J.

Action to recover damages for personal injuries, in which a verdict was directed for defendant, and plaintiff appealed from an order denying a new trial.

The facts are as follows: Plaintiff was engaged with other laborers, in defendant’s employ in the work of moving track material from one-point in 'defendant’s yards in Duluth to another some distance away.