Barbara Kish, Administrator of the Estate of Louis Kish, Deceased v. Norfolk & Western Railway Company

KILEY, Circuit Judge.

Plaintiff in this wrongful death action, based upon diversity jurisdiction, appeals from a judgment upon a verdict directed by the district court at the close of plaintiff’s case. We reverse and remand for trial.

Plaintiff’s husband, decedent Kish, died as a result of injuries suffered when the automobile he was driving was struck by defendant’s westbound freight train in a crossing formed by defendant’s tracks and Osborn Street, in Hammond, Indiana. Osborn Street runs north and south and is crossed by five separate tracks running in a northwesterly-southeasterly…