Alice Emery, Individually and as Trustee for the North Dakota Workmen's Compensation Bureau v. The Northern Pacific Railroad Company

VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal by plaintiff, Alice Emery, from final judgment dismissing her complaint against the defendants, the Northern Pacific Railroad Company, William Norman, engineer, and Thomas McMahon, fireman, wherein she sought damages for the wrongful death of her husband, Bishop Emery, as a result of a collision at a railroad crossing at the outskirts of Grand Forks, North Dakota, between defendant’s train and a Volkswagen bus owned and operated by Reverend Bigelow in which Bishop Emery was riding. Liability is predicated upon negligence. Jurisdiction,…