Massmann v. Great Northern Railway Co.

Loring, Justice.

In an action to recover for the death of Henry Massmann, who was killed at a grade crossing one-half mile west of the village of Waite Park, Stearns county, on August 17, 1937, the plaintiff had a verdict, and the defendant has appealed from an order denying its motion for judgment or a new trial.

The highway Avhich crosses defendant’s track at the point where Massmann was killed runs north and south, is graded but not paAred or graveled. It intersects the single track of the main line of the Great Northern Railway at approximately right angles. Massmann was driving south at 35…