Chicago, St. Paul, Minneapolis & Omaha Ry. Co. v. Heyda

SANBORN, Circuit Judge.

Henry Heyda on August 16, 1950, at about 7:20 o’clock a. m., while driving his automobile southerly on Scott Street in the city of Shakopee, Minnesota, on his way from work, had the misfortune to collide with an eastbound passenger train of the Chicago, St. Paul, Minneapolis and Omaha Railway Company at the point where its main line track crosses the street at grade. Heyda was injured and his automobile was damaged. Attributing the accident to the negligence of the Railway Company, he brought this action for damages, asserting: (1) that the speed of the train was…