Merrill P. Stacey and Jean C. Stacey v. Illinois Central Railroad

CLARK, Circuit Judge:

The jury verdict in this railroad crossing death case was in the form of findings on special issues under Fed.R. Civ.P. 49(a). The railroad appeals from an adverse judgment based upon the findings that it was negligent in failing to keep its right-of-way clear of vegetation at a private grade crossing, and that its negligence was a proximate cause of this accident. It asserts that other findings of causative negligence on the part of the driver of the tractor involved rendered the verdict inconsistent. We affirm the district court’s actions in submitting the case to the…