Shanahan v. Southern Pac. Co.

POPE, Circuit Judge.

Ellis E. Shanahan, of Anderson, California, was struck and killed by a train operated by appellee, Southern Pacific Company, at a railroad crossing at that place. His widow and heir sued appellee, a Delaware corporation, to recover for the alleged wrongful death. The widow appeals from the judgment entered upon a verdict for the defendant.

The cause was submitted to the jury upon the assumption that there was some evidence to disclose failure of a wig-wag crossing signal, and failure of the engine-men on the train to give warning of his approach, as Shanahan drove his…