Leslie Schmidt v. Minneapolis, St. Paul & Sault Ste. Marie Railroad Co., a Corporation

FINNEGAN, Circuit Judge.

Leslie Schmidt, plaintiff, and his wife were guest passengers in an automobile split in two by defendant’s Diesel locomotive at an intersection of County Trunk “P” and the Soo Line Railroad track within the limits of the sparsely settled village of Almena in rural Barron County, Wisconsin. For the death of his wife and injuries to himself, plaintiff sought damages in a case tried to a jury which returned a special verdict apportioning 60% of the causal negligence against defendant and 40% against plaintiff guest passenger. In response to the questions submitted to it…