Frank v. Burlington Northern, Inc.

This is an appeal from a judgment for' plaintiff Leland J~. Frank entered in the district court, Yellowstone County, on a jury verdict in the amount of $20,000. Plaintiff brought the action to recover damages for personal injuries and property damage sustained when he drove his 1964 pickup truck into the side of the 24th car of a freight train. Plaintiff alleged negligence on the part of the railroad and the railroad raised the defense of contributory negligence.

At the close of plaintiff’s case, and at the close of all evidence, defendant moved for a directed verdict on the grounds that: (a)…