Dahlquist v. Minneapolis & St. Louis Railway Co.

Action for personal injuries and for damage to plaintiff’s truck resulting from a collision between his 1935 Ford pickup and one of defendant’s locomotives. The jury returned a verdict for plaintiff. Plaintiff appealed from an order granting defendant’s motion for judgment notwithstanding the verdict, made in response to an alternative motion for judgment or a new trial.

We are confronted at the threshold of consideration of this case by the fact that the settled case does not disclose a motion to direct a verdict in favor of defendant at the close of all the evidence offered. The fact that…