Chicago and North Western Railway Company v. Lillian R. Strand, as Trustee for the Heirs of Roy B. Strand, Decedent

SANBORN, Circuit Judge.

This is an appeal from a judgment for the plaintiff (appellee) based upon the verdict of a jury in a wrongful death action under § 573.02, Minn.Stat. Ann., which arose out of a railroad grade crossing accident in Dakota County, Minnesota. The action was commenced in the State court and removed by the defendant to the United States District ■Court on the ground of diversity of citizenship and amount in controversy. There is virtually no dispute as to the evidentiary facts and no need for stating them in complete detail. The applicable law is that of Minnesota.

Roy B.…