Wilson v. Great Northern Railway Company

HOMEYER, Judge.

This is an appeal from a summary judgment granted to the defendant, Great Northern Railway Company, in an action by plaintiff to recover for personal injuries sustained in a truck-train collision.

The accident occurred about 3:10 p. m. on December 24, 1964, at a railroad crossing on South Dakota Highway #25 about three miles southwest of the town of Vienna. The train was pro*210ceeding in a northeasterly direction and the truck approached the crossing from the north. The highway is basically level for several hundred feet north of the crossing. The terrain is also basically level…