Shibley v. St. Louis-San Francisco Railway Co.

HENLEY, Circuit Judge.

Appellant, St. Louis-San Francisco Railway Company, defendant below, appeals from a judgment upon a verdict of $100,-900.001 for plaintiff Helen Marie Shibley, *1059Administratrix of the Estate of George Shibley, Deceased, in this wrongful death action brought in the Western District of Arkansas pursuant to the Arkansas Wrongful Death Statute.2 Home Insurance Company, the workmen’s compensation carrier for decedent, intervenes for its subrogation rights.

This litigation arose from a railroad crossing collision which occurred at approximately 1:50 a. m. on April 12, 1973 within…