Lingle v. Minneapolis & St. Louis Railway Co.

This is a law action against defendant railway and the engineer of a two-car passenger train to recover for death of plaintiff’s decedent when his cattle truck collided with the side of the train at a country grade crossing in daylight. Trial resulted in jury verdict against the railway but in favor of the engineer. The trial court sustained the railway’s motion for judgment in its favor notwithstanding the verdict. From judgment on the ruling plaintiff has appealed.

Plaintiff concedes she presented no evidence of her decedent’s freedom from contributory negligence but contends she had the…