Young v. Great Northern Railway Co.

Stone, Justice.

Action for wrongful death with verdict for plaintiff. Defendant appeals from denial of its blended motion for judgment notwithstanding or a new trial.

October 15, 1935, the deceased, Harold E. Young, was driving southeasterly from East Grand Forks to Crookston on trunk highway No. 2, which parallels defendant’s right of way at all points now important. Near Fisher defendant’s section foreman had started a fire on its right of way. On the stretch of highway flanked by the fire Young’s car collided with a truck driven by one Hagen, with results fatal to Young.

Smoke from the fire…