Benjamin J. Brinks, Administrator of the Estate of Gertrude Ann Brinks, Deceased v. Chesapeake & Ohio Railway Company

PHILLIPS, Circuit Judge.

Mrs. Gertrude Ann Brinks, a thirty-one year old housewife and mother of three children, was killed January 23, 1964, when the car which she was driving was struck by a Chesapeake & Ohio train. She drove her car onto the tracks directly into the path of the train. She had left dinner in the oven for her husband and children and was en route to the home of her mother-in-law at the time of the fatal accident.

Mrs. Brinks had no physical defects of any kind which might tend to impair her ability to drive an automobile. Her vision was normal. Her car was in good mechanical…