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WEISS v. GREAT NORTHERN RAILWAY COMPANY

No. 41891.

176 N.W.2d 109 (1970)

Vernon D. WEISS and City of Coon Rapids, Appellants, v. GREAT NORTHERN RAILWAY COMPANY, Respondent, Austin-Western Road Machinery Company, Road Machinery and Supplies of Minneapolis, Inc., Defendants.

Supreme Court of Minnesota.

March 6, 1970.

Attorney(s) appearing for the Case

William Merlin and LaMar Piper, Minneapolis, for appellants.

Anthony Kane, D. E. Engle, Richard V. Wicka, St. Paul, for Great Northern Ry. Co.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, FRANK T. GALLAGHER and THEODORE B. KNUDSON, JJ.

OPINION

SHERAN, Justice.

Appeal from a judgment of the district court.

At about 10 a. m. on September 30, 1966, a collision occurred where 121st Avenue N. W. in the city of Coon Rapids, Minnesota, crosses the railway tracks of defendant Great Northern Railway Company. A southbound Great Northern train (double engine, 16 cars, and caboose) collided with a road grader owned by the city of Coon Rapids and then being used by its employee, Vernon D. Weiss...

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