District Court, D. Minnesota August 13, 1954, Civ. No. 791 (Helgeson v. Chicago, R. I. & P. R.)

DONOVAN, District Judge.

This matter comes before the Court on plaintiff’s motion for a new trial following the directing of a verdict for defendant by the Court, after both parties had rested.

The facts are undisputed. Plaintiff was approaching defendant’s track along a ■ public highway known as State Aid Road No.