Comstock v. Great Northern Railway Co.

Plaintiff had a verdict and defendants moved in the alternative for judgment notwithstanding or a new trial. From the order granting judgment, plaintiff appeals.

*346In March, 1921, plaintiff went with three other men in an automobile from Marble to Grand Rapids, a distance of about 18 miles. After the owner of the car, Peter Nelson, finished an errand or two, they started on the return in the middle of the afternoon. The highway parallels defendant’s railroad track for a mile or two southeast from the village of Coleraine, at one point crossing the track upon a bridge constructed and maintained…