The Kansas City Southern Railway Company v. Mrs. Elva Wiggins, Individually and as Guardian Ad Litem for Paula Wiggins and Gene Wiggins

BROWN, Circuit Judge.

The Railroad, appealing from adverse judgment on a jury verdict allowing recovery for the death of Sgt. Wiggins whose car was hit broadside as it crossed the track at Cooper Station, Louisiana, during the “dark dusk” of an October evening, contends that it should have had an instructed verdict both because of the absence of negligence on its part and because of contributory negligence as a matter of law on the part of the driver, Sgt. Wiggins.

The Railroad starts with the well accepted Louisiana doctrines often voiced by this Court: that a train crew need not anticipate…