Crosby v. Great Northern Railway Co.

Each plaintiff appealed from a judgment entered pursuant to defendant’s motion in each case for judgment notwithstanding a disagreement of the jury.

On August 28, 1930, at about 9:45 p. m. Dale Crosby drove an automobile from the north on state highway No. 66 going toward and near the village of Appleton. He was 21, years old. His 15-year old brother Emmett was riding with him. Just north of the village defendant’s track intersects this highway. There is a grade crossing. In a collision with one of defendant’s trains at this crossing the Crosby boys were injured. Dale Crosby seeks to recover…