Kopischke v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Magnet, Justice.

Plaintiff’s truck was damaged in a railroad crossing accident. There was a verdict for plaintiff. Defendant appeals from an order denying its alternative motion for judgment or a new trial.

*24Plaintiff is the owner of a farm which adjoins defendant’s right of way to the west on the southerly outskirts of Lake Crystal. The farm is reached over a private road from the east which crosses defendant’s tracks. These run north and south. On November 15, 1947, at about 5 or 5:30 p.m., Laverne Kopisehke, son of plaintiff, was operating plaintiff’s two-ton Ford truck west over and on this…