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

Plaintiff sued to recover $3,000 for alleged damages to his auto bus which was struck by one of defendant’s passenger trains on a crossing at Newport, Minnesota. The trial resulted in a verdict for plaintiff in the sum of $1,975. Defendant made a blended motion for judgment or for a new trial, and from an order denying the same has appealed.

The negligence charged is: (1) Speed of train; (2) failure to ring bell or blow whistle; and (3) failure to have a flagman at crossing.

The railroad tracks at Newport run approximately north and south and the highway between St. Paul and St. Paul Park…