Linda Richards and Dorothy Richards v. Southern Pacific Transportation

RANDALL, Circuit Judge:

At approximately 11:50 p. m., on November 25,1977, a car driven by Owen Richards ran into the side of a Southern Pacific Transportation Company (Southern Pacific) train which was crossing the access road on which Richards was driving. Richards died several hours later from injuries sustained in the collision. Alleging that the collision resulting in Richards’ death was directly and proximately caused by the negligence of Southern Pacific employees, Richards’ wife and mother (plaintiffs) brought an action against Southern Pacific, under the Texas Survival Act,…