JOHNSON, District Judge.
This is a civil action to recover damages caused by the negligent operation of defendant's engine at its railroad crossing. The case was tried before the court and a jury and a verdict in the sum of $5,000 was rendered for the plaintiff. The defendant now asks judgment non obstante veredicto or a new trial.
At 5:30 A. M., November 12, 1939, an automobile driven by plaintiff and a locomotive of the defendant collided at a grade crossing...
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