Ismay Mittlieder, Special Administrator of the Estate of Elmer R. Ochsner, Deceased v. Chicago and Northwestern Railway Company, a Corporation

BRIGHT, Circuit Judge.

Elmer Ochsner of Omaha, Nebraska, was killed when the automobile in which he was a passenger was struck by a freight train. His special administrator brought a proper diversity action for wrongful death against the Chicago and Northwestern Railway Company. A jury denied recovery. Post-judgment, the trial court denied the administra-trix’s motion for a new trial. On a timely appeal from the judgment, Ochsner’s administrator contends primarily that the trial court erred in submitting the issue of Ochsner’s contributory negligence to the jury and it erred in rulings on…