Lois Rae Gibson, of the Estate of Glenn F. Gibson, Deceased v. Erie-Lackawanna Railroad Company

This is defendant’s appeal from a judgment entered on a jury verdict in the amount of $160,800 following trial of a diversity action for wrongful death of appellee’s decedent who was driving a truck which collided with defendant’s freight train at a grade crossing.

The principal errors relied upon for reversal relate to the trial judge’s refusal to find the decedent guilty of negligence as a matter of law, and to certain of the judge’s instructions which appellant characterizes as argumentative and improperly critical of counsel. Other claims of error relate to the instructions concerning…