Elena Castilleja and Minor Children v. Southern Pacific Company

GOLDBERG, Circuit Judge:

This is an appeal from a judgment entered upon a general jury verdict in a wrongful death action. The tragedy occurred in Guadalupe County, Texas, when a train of the Southern Pacific Railway struck a truck and killed Ausencio Castilleja, a passenger in the truck. The appellants, Castilleja’s widow and minor children, were the unsuccessful plaintiffs in the court below. The primary issue involved in this appeal is whether the district court erred when, in the course of charging the jury on the issue of whether Castilleja was contributorily negligent in failing to keep…