Landrus v. St. Louis Southwestern Railway Co.

REGAN, District Judge.

Appellant, as administrator of the Estate of Arlene L. Landrus and in his own right, brought this diversity action against St. Louis Southwestern Railway Company to recover damages for the wrongful death of Mrs. Landrus. A jury trial resulted in a verdict and judgment for the railway company. This appeal followed. The sole points on appeal relate to the adequacy of the instructions in two respects.

On the morning of November 2, 1963, Mrs. Landrus was a passenger in an automobile being operated by Charles W. McGlown in Rector, Arkansas. At the Main Street railroad crossing…