Hicks v. Northern Pacific Railway Co.

Christianson, Justice.

Action is brought by the trustee for the benefit of the next of kin of Lester Hicks, deceased, to recover damages for the latter’s death resulting from a collision between a truck driven by decedent and a train owned by defendant Northern Pacific Railway Company and operated by defendant Herman Ullrich, its engineer. The jury returned a verdict against the railway company but not against, defendant Ullrich. Defendant railway company moved for judgment notwithstanding the verdict or for a new trial. The trial court denied judgment notwithstanding the verdict but granted a…