Northern Pacific Company v. Urlin

This was an action brought by Alfred J. Urlin, in the circuit court of the United States for the district of Montana, against the Northern Pacific Railroad Company, to recover for personal injuries received by him when traveling as a passenger in one of its trains.

The car in which the plaintiff was riding became derailed, and was thrown down a bank, and overturned. The complaint charged that the accident was due to 'the defective, decayed, and rotten condition of the cross-ties' in the road, and that the plaintiff received 'severe and dangerous wounds and internal injuries.'

The case proceeded to trial before the court and a jury, and resulted in a verdict for the plaintiff in the sum of $7,500, and the jury also returned certain special findings which had been submitted to them at the request of the defendant. Judgment was entered upon said verdict and special findings. During the trial several exceptions were taken by the defendant, which were allowed and signed by the judge, and which are brought for review to this court by a writ of error.

A. H. Garland, W. E. Cullen, and J. K. Toole, for plaintiff in error.

Frank H. Woody, for defendant in error.

Mr. Justice SHIRAS delivered the opinion of the court.