Evelyn Lundberg, Administratrix of the Estate of Stanley A. Lundberg, Deceased v. Rose Fuel & Materials, Inc.

KILEY, Circuit Judge.

This is a diversity wrongful death action based on a collision between defendant’s tractor trailer and a passenger automobile driven by plaintiff’s decedent. Verdict and judgment were for defendant, and plaintiff has appealed.

The collision occurred about 5:30 a. m. on State Road No. 219, a two-lane highway, south of its junction with State Road No. 20 near Osceola, Indiana. The tractor trailer was north bound in the east lane and decedent’s car south bound in the west lane. Decedent and his two passengers were killed instantly.

The only question on appeal is whether the…