Bogovich v. Chicago, Milwaukee, St. Paul Pacific Rr.

MR. JUSTICE FREEBOURN:

Plaintiffs, brother and sister, brought this action for loss of contributions from their father, James Bogovich, who was killed by defendants’ train.

The cause is here on appeal for a second time. The first appeal taken by plaintiffs after verdict for defendants, resulted in reversal and new trial. Bogovich v. Scandrett, 117 Mont. 341, 158 Pac. (2d) 637. The second trial resulted in a verdict for defendants.

Briefly stated the facts are: James Bogovich was killed about ten o ’clock a. m. on September 24, 1942, by a freight train of defendants, on a highway crossing at…