Herold v. Burlington Northern, Inc.

ORDER DISMISSING COMPLAINT

NEVILLE, District Judge.

At the close of the plaintiff’s case, 1 defendant moved for a dismissal of the complaint. The court hereby grants the motion. This is a classic textbook case of superseding or intervening cause; or stated another way, a case where reasonable minds cannot differ and could not find defendant negligent for lack of a foreseeable event. 2 Were the jury to do so, the court would be compelled to set such finding aside.

Cloutier, White, Musech, Wright & Steele, Minneapolis, Minnesota, by John M. Steele, Esq. appeared for plaintiff; H. K. Bradford, Jr.,…