Turner v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

At about 3:30 p. m. on January 3, 1923, while driving his Ford automobile in an easterly direction over defendant’s surface railroad crossing at Twenty-third avenue north, Minneapolis, Roy E. Turner was struck and killed by one of defendant’s south-bound passenger trains. His administratrix brought this action to recover damages under the death statute and has appealed from a denial of her motion for a new trial after a directed verdict for defendant.

Twenty-third avenue runs east and west and crosses 7 railroad tracks. The 3 westerly tracks belong to the defendant and the 4 easterly to the…