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SMRT v. DULUTH, WINNIPEG & PACIFIC RY.

No. 47176.

265 N.W.2d 815 (1978)

Sally J. SMRT, Appellant, v. DULUTH, WINNIPEG & PACIFIC RAILWAY, Respondent.

Supreme Court of Minnesota.

March 10, 1978.

Attorney(s) appearing for the Case

Trenti, Saxhaug, Berger, Carey, Roche, Stephenson & Richards and Thomas H. Carey, Virginia, for appellant.

Hanft, Fride, O'Brien & Harries and Tyrone P. Bujold, Duluth, for respondent.

Heard before PETERSON, YETKA, and IVERSON, JJ., and considered and decided by the court en banc.

YETKA, Justice.

This is an action to recover damages arising out of a railroad-crossing collision between a four-wheel pickup truck and one of defendant railroad's freight trains.

After plaintiff provisionally rested her case, defendant railroad company moved the court for a directed verdict or for dismissal. This motion was renewed at the conclusion of the trial. The court, adopting the practice suggested in Winge v. Minnesota Transfer Railway Co.,

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