Schubitzke v. Minneapolis, St. Paul & Sault Ste. Marie Railroad

Dell, Chief Justice.

Action to recover for personal injuries and property damage arising out of a grade-crossing collision between plaintiff’s automobile and one of defendant’s freight trains. There was a verdict for the plaintiff for $3,985. Defendant appeals from an order denying its alternative motion for judgment notwithstanding the verdict or a new trial.

The accident giving rise to this controversy occurred on January 12, 1953, between 9:00 and 10:00 p. m. in Duluth, Minnesota. Plaintiff, driving his 1950 Chrysler automobile, was proceeding in a general westerly direction on Railroad…