Starlin v. Burlington Northern, Inc.

Kelly, District Judge.

This is an action at law to recover damages for personal injury suffered by the plaintiff while a passenger in an automobile involved in a collision between it and a train, owned by defendant and operated by its engineer. Upon trial to a jury, the plaintiff was awarded judgment. Defendant’s motion for a new trial was overruled and it appealed to this court. There are numerous assignments of error, but since our decision must be that the trial court erred in overruling defendant’s motion to dismiss or direct a verdict at the conclusion of plaintiff’s evidence, or at the…