Edith L. McDowell of the Estate of Clarence A. McDowell Deceased v. Chicago, Milwaukee, St. Paul & Pacific Railroad Company

VAN OOSTERHOUT, Senior Circuit Judge.

Plaintiff Edith L. McDowell, Executor of the estate of her husband, Clarence A. McDowell, has taken this timely appeal from final judgment dismissing her complaint for damages for wrongful death of Mr. McDowell and from denial of her motion for a new trial.

The collision between McDowell’s truck and the defendant’s train, which resulted in McDowell’s death, occurred on the Main Street crossing of defendant’s tracks at Dawson, Iowa, about 7:30 a. m. on June 30, 1970. Defendant’s track runs east and west; Main Street runs north and south. The train was…