Hondl v. Chicago Great Western Railway Co.

Murphy, Justice.

This action arose from a collision between an automobile driven by George Hondl and a freight train owned and operated by the defendant railroad. The accident occurred at approximately 4:30 p. m. on September 9,1954, at the point where U. S. Highway No. 65 crosses the defendant’s railroad tracks about seven miles north of Faribault.

There were three passengers in the car besides Mr. Hondl. His wife, Louise, was in the front seat with Marlen, a 4-year-old son, sleeping on her lap, and Karen, a 12-year-old daughter, was in the back seat.

As highway No. 65 approaches the railroad…