Elena Castilleja v. Southern Pacific Company

SIMPSON, Circuit Judge:

The parties in this wrongful death action are here for a second appearance, but this time the roles of appellant and appellee are reversed. On the prior appeal, appellants Ausencio Castilleja’s widow and minor children (the present appellees) secured reversal of a judgment based on a jury verdict in favor of Southern Pacific Company and a new trial based upon an improper jury instruction not here at issue. Castilleja v. Southern Pacific Company, 5 Cir. 1969, 406 F.2d 669. Upon retrial the jury, under Rule 49(b), F.R.Civ.P., answered written interrogatories and returned…