Winge v. Minnesota Transfer Railway Company

Rogosheske, Justice.

This is an action to recover damages arising out of a grade-crossing collision between an automobile driven by plaintiff and one of defendant’s freight trains. At the close of the evidence, the court directed a verdict for defendant railroad company, and plaintiff appeals from a denial of his post-trial motion for a new trial. The collision occurred when plaintiff’s automobile struck the train as it was occupying the crossing. He claims the trial court erred in not finding defendant railroad negligent in failing to warn of the approach or presence of the train by whistle,…