Mark A. Gehl, by His Guardian and Conservator, Diane R. Reed and Louis D. And Diane R. Reed v. The Soo Line Railroad Company

LOKEN, Circuit Judge.

Mark A. Gehl was struck by a train in Clinton, Iowa, and sued the Soo Line Railroad Company for negligence. Gehl appeals the adverse judgment entered on a jury verdict for Soo Line after a five-day trial. Gehl argues that he deserves a new trial because the district court 1 erred in excluding evidence and in refusing to submit his failure-to-warn theory to the jury. We affirm.

I

On the evening of August 24, 1986, Gehl and his friend Brian Vogel were running their two dogs along the Soo Line tracks in an area of Clinton known as Deer Creek, a popular recreation spot despite…