Olson v. Duluth, Missabe & Iron Range Railway Co.

Julius J. Olson, Justice.

In this, a negligence action, the accident occurring at a place where two highways cross, bisected by defendant’s single-track railway, plaintiff, driving his father’s car, collided with one of defendant’s ore trains by smashing into its 13th car from the rear end, the train being in motion and headed northerly. There was a verdict for plaintiff for $5,300. Defendant appeals from an order denying its alternative motion for judgment or new trial.

During the evening of May 7, 1940, plaintiff, then nearly 20 years of age, accompanied by his young friend Walter Kilby, Jr.,…