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KOPISCHKE v. C. ST. P.M. & O. RY. CO.

No. 35,010.

230 Minn. 23 (1950)

WALTER KOPISCHKE v. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY COMPANY.

Supreme Court of Minnesota.

January 6, 1950.

Attorney(s) appearing for the Case

Alfred E. Rietz, George H. Henke, Robert J. Sheran, and Lowell Hastings, for appellant.

Regan & Regan and H. Clifton Kroon, for respondent.

MAGNEY, JUSTICE.

Plaintiff's truck was damaged in a railroad crossing accident. There was a verdict for plaintiff. Defendant appeals from an order denying its alternative motion for judgment or a new trial.

Plaintiff is the owner of a farm which adjoins defendant's right of way to the west on the southerly outskirts of Lake Crystal. The farm is reached over a private road from the east which crosses defendant's tracks...

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