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SCHMIDT v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILROAD CO.

No. 11882.

242 F.2d 606 (1957)

Leslie SCHMIDT, Plaintiff-Appellee, v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILROAD CO., a corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 3, 1957.

Attorney(s) appearing for the Case

Reginald W. Nelson, Milwaukee, Wis., for appellant.

John Doar, Doar & Knowles, New Richmond, Wis., for plaintiff-appellee.

Before MAJOR, FINNEGAN and LINDLEY, Circuit Judges.

FINNEGAN, Circuit Judge.

Leslie Schmidt, plaintiff, and his wife were guest passengers in an automobile split in two by defendant's Diesel locomotive at an intersection of County Trunk "P" and the Soo Line Railroad track within the limits of the sparsely settled village of Almena in rural Barron County, Wisconsin. For the death of his wife and injuries to himself, plaintiff sought damages in a case tried to a jury which returned a special verdict apportioning 60%...

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