EMERSON v. EYSTAD

No. 42056.

181 N.W.2d 337 (1970)

Ronald J. EMERSON, Appellant, v. Melvin J. EYSTAD, Respondent.

Supreme Court of Minnesota.

November 13, 1970.


Attorney(s) appearing for the Case

Rerat, Crill, Foley & Boursier and David K. Wendel, Minneapolis, Nord, Webster & Brennan, St. Paul, for appellant.

Jardine, Logan & O'Brien and Alan R. Vanasek, St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and FRANK T. GALLAGHER, JJ.


OPINION

NELSON, Justice.

Plaintiff appeals from a judgment in favor of defendant and from an order denying plaintiff's motion for judgment notwithstanding the verdict or for a new trial on damages only, or, in the alternative, for a new trial on all issues.

It appears from the record that on December 8, 1966, at about 7:25 p. m. a Great Northern passenger train was approaching the village of Clontarf, Minnesota, from the northwest, at a speed of...

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