Shellen-Barger

This is an action brought by a passenger to recover from the carrier damages for injuries received by the passenger by reason of falling from a passenger train in motion; the passenger having recovered judgment in the lower court, the carrier, the Great Northern Railway Company, appeals from the judgment upon the ground that the court erred in denying its motion for a directed verdict. The aeeident occurred as an eastbound passenger train of the Great Northern Railway Company approached a siding at the town of Saco, in the state of Montana. The appellee claims that he was thrown through an open vestibule door by a sudden lurch of the train, due to excessive speed over a track under construction. There is no dispute as to the proposition that the appellee passed through the open vestibule door on the left or north side of the eastbound train at a point about a mile west of the siding which the train was to take in order to pass a Westbound train. It was admitted by the brakeman that this door was opened by him before it was necessary for him to do so for the purpose of operating a switch which the train was approaching. He testified, however, that it was necessary for him to open…