Engstrom v. Duluth, Missabe & Northern Railway Co.

HOLT, Justice.

Defendant appeals from the order denying its motion in the alternative for judgment notwithstanding the verdict or a new trial.

At Culver, about 22 miles northwest of Duluth, a state trunk highway crosses almost at right angles the two parallel railroad tracks of defendant. It is a graveled highway running east and west as it crosses the tracks. Culver is located on the slope of a hill slanting west. The distance from center to center of the two railroad tracks, along the center of the highway, is 60.2 feet. The east track is 5.34 feet higher than the west track. The grade of the…