Schnell v. Northern Pacific Railway Co.

This action was brought to recover damages suffered by the plaintiff in a railroad crossing accident. The case was tried to a jury and defendants had a verdict. Judgment was entered thereon. Thereafter plaintiff moved for a new trial. The motion was granted. Whereupon defendants perfected the instant appeal.

Plaintiff predicates his cause of action on negligence on the part of the defendants in that there was no light or no adequate light on the rear of the tender of the engine that collided with his car; that the whistle was not blown or the bell rung as the engine approached the crossing;…