Sandra Larsen, Administratrix of the Estate of Ludwig Larsen, Deceased v. Chicago and North Western Railway Company, a Corporation

MAJOR, Circuit Judge.

Plaintiff’s decedent was struck and killed by defendant’s train on November 13, 1954. This action was for the recovery of damages sustained by plaintiff as a result of decedent’s death, allegedly caused by the negligence of defendant while the decedent was in the exercise of due care and caution for his own safety. Judgment in the amount of $15,000 was awarded plaintiff. From this judgment defendant appeals.

The case is unusual in many respects, particularly in that it has twice been tried by a jury and in each instance a verdict returned in favor of defendant. The same…