Hoyum v. Duluth, Winnipeg Pacific Ry. Co.

Holt, Justice.

Action for death by wrongful act where plaintiff had a verdict. On defendants’ motion in the alternative, the court granted judgment notwithstanding the verdict. Plaintiff appeals.

The complaint charged defendant with having so negligently operated its train consisting of an engine and four coaches, in going from Virginia to Duluth, that it collided with an automobile in which plaintiff’s decedent was riding, at the grade crossing of the Miller Trunk Highway, about 400 feet north of a flag station about a mile south of Twig, instantly killing both the driver and decedent. The…