O'Connor v. Chicago, Milwaukee, St. Paul & Pacific Railroad

HOLT, Justice.

Action for wrongful death caused when a passenger train of the defendant Great Northern Railway Company collided with a freight train of the defendant Milwaukee Railway Company at Lurgan crossing, about four miles north of Wahpeton, North Dakota, the decedent being the fireman on the locomotive of the Milwaukee road. There was a verdict against both defendants. The Great Northern Railway moved for a new trial on the minutes of the court, and appeals from the order denying its motion. It did not make the Milwaukee road a party to the appeal. The latter, on a settled case, moved…