Hickey C. Missouri Pacific Railroad Corp. in Nebraska

BOOTH, Circuit Judge.

This is an action to recover damages fob the death of Edward Hickey, claimed to have been caused by negligence of the defendant in error, hereafter called defendant. The specific negligence relied upon was the running of one of defendant’s passenger trains' over a pub-» lie highway crossing without giving signals of. warning. The trial court directed a verdict for the defendant. Writ of error has brought the ease here.

Plaintiff in error, hereafter called plaintiff, is a son of the deceased. He testified, in substance, as follows: On January 25, 1922, about 3 p. m., Edward…