Lexie Stoler, Guardian of George T. Robison, an Incompetent Person v. Penn Central Transportation Company

MERRITT, Circuit Judge.

In this railroad accident case, the District Court directed a verdict for the railroad. We reverse and remand for a new trial.

I

The appeal arises from a nighttime collision on September 8, 1972, between a freight train and a car at a rural railroad crossing in Ohio where the tracks run east and west and the road runs north and south. A locomotive coming from the east struck the driver’s side of a car occupied by two married couples which was coming from the north. The locomotive and the car came to a halt approximately three-tenths of a mile down the tracks from the…