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BRUNNER v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE R. CO.

No. 5706.

139 F.Supp. 424 (1956)

Dorothy BRUNNER, Administratrix of the Estate of Leonard J. Brunner, deceased, and Dorothy Brunner, Plaintiff, v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILROAD COMPANY, a Minnesota corporation, Defendant.

United States District Court E. D. Wisconsin.

March 20, 1956.

Attorney(s) appearing for the Case

John C. Whitney, Green Bay, Wis., and Patrick A. Dewane, Manitowoc, Wis., for plaintiff.

Reginald Nelson, Milwaukee, Wis., for defendant.

GRUBB, District Judge.

This is an action for wrongful death as a result of a railroad crossing accident. The Court submitted the case to the jury. The jury found causal negligence on the part of the train crew with respect to management and control only. It found causal negligence on the part of the deceased only with respect to stopping his vehicle in a position so close to the railroad tracks that the vehicle was not clear of a train passing over the crossing. On...

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