Leisy v. Northern Pacific Railway Co.

Peterson, Justice.

Two actions, one by Herbert Leisy, the owner and operator of an automobile, to recover for personal injuries and property damage alleged to be the consequence of a collision with one of defendant railroad company’s trains negligently caused by defendants, and the other by Lelanie Leisy, a minor, by her father as natural guardian, to recover for personal injuries sustained by her as a consequence of the collision while she was a passenger in the automobile operated by her father, Herbert Leisy.

The question for decision is:

Whether, in determining whether a railroad was…