Case v. Northern Pacific Terminal Co.

This is an action to recover damages for personal injuries sustained in a railroad crossing accident. At the conclusion of the plaintiff’s case in chief, the court allowed the defendant’s motion for a judgment of involuntary nonsuit for the reason that there was no substantial evidence tending to show negligence on the part of the defendant. Prom such judgment the plaintiff appeals.

On demurrer to the evidence the record must bo viewed in the light most favorable to the plaintiff. Hence the statement of the facts will be made in keeping with this fundamental principle of law.

On March 28, 1943,…