Brunner v. Minneapolis, St. Paul, & Sault Ste. Marie Railroad

LINDLEY, Circuit Judge.

This is an appeal from a judgment in an action to recover for alleged wrongful death resulting from an accident at a country railroad crossing where a highway snow plow driven by the deceased and a snow plow train of defendant collided.

Under well established rules, plaintiff is entitled to have the credible evidence considered in the light most favorable to her. However, this does not mean that we may ignore uncontradicted, unimpeached evidence supporting defendant’s position.

The salient facts out of which this claim arose follow. The accident took place at…