Moody v. Canadian Northern Railway Co.

Lees, C.

Appeal from an order denying defendant’s alternative motion for judgment notwithstanding the verdict or for a new trial.

Plaintiff sued to recover damages for personal injuries sustained when the automobile of Neis Engstrom, in which she was riding, was struck by one of defendant’s trains at a street crossing in War-road, Minnesota. The same accident was involved in Engstrom against this defendant, reported in 153 Minn. 46, 189 N. W. 580 and 190 N. W. 68, and in the instant case the accident was described by the same witnesses.

Plaintiff based her right of recovery on the alleged…