Bacon

Appellee, a citizen of Montana, brought this action against appellant, a Wisconsin corporation, to recover damages alleged to have been caused by appellant’s negligence. *174 The complaint is in two counts. The first is for $20,250 on account of persoftal injuries alleged to have been suffered by appellee in a grade-crossing collision. The second is for $1,425 on account of damage alleged to have been caused to appellee’s automobile in the same collision. The jury returned a verdict in appellee’s favor for $9,000 on the first count and for $394 on the second. Judgment was entered accordingly. This appeal followed.

The facts are, for the most part, not in dispute. Undisputed facts are as follows :

Appellant owns and operates a double track railroad which crosses a public highway at a point about 6 miles from Butte, in Silver Bow county, Mont. The railroad at that point runs approximately north and south. The highway runs approximately east and west, but just beyond the crossing, going east, it curves rather sharply to the north. It is a “black top” oiled highway. A short distance north of the crossing, a “Y,” where trains are turned round, is connected by a switch with the west…