Stephen E. Bebout and Stephen Bebout, Individually and as Father and Next Friend of John P. Bebout, a Minor v. Norfolk & Western Railway Company

BAUER, Circuit Judge.

Stephen E. Bebout appeals from.an adverse jury verdict rendered in his lawsuit against the Norfolk & Western Railway Company (“Norfolk & Western”). Bebout’s diversity-based lawsuit alleges negligence on the part of Norfolk & Western and seeks damages for injuries sustained by Bebout and his brother John, when the car in which they were riding was struck at a railroad crossing by a train owned and operated by Norfolk & Western. Because we find that the jury was likely to have been misled by an erroneous instruction tendered to them, we reverse and remand for further…