Waters v. Chicago, Milwaukee & St. Paul Railway Co.

Appeal from Clayton District Court. — A. N. Hobson, Judge. Action in tlxe name of the administrator of the estate of Edward Waters for damages.. While attempting to cross defendant’s track at a highway crossing,, the automobile in which deceased was-riding, was struck by one of its engines, killing him instantly, severely injuring his wife, and completely demolishing his automobile. The court, at the conclusion of all the testimony, upon motion of counsel for defendant, directed the jury to return a verdict in its favor. There was a judgment on the verdict for costs, and plaintiff appeals.