Lois Barclay, Special Administratrix of the Estate of Walter Barclay, Jr., Deceased v. Burlington Northern, Inc., a Corporation

WEBSTER, Circuit Judge.

Burlington Northern, Inc. appeals from a judgment of the District Court in this diversity action tried under Nebraska law awarding appellee Lois Barclay $71,833.00 in damages resulting from a fatal accident at a public railroad crossing in Homer, Nebraska. On appeal, the railroad seeks reversal on three grounds: (1) that there was insufficient evidence of its failure to give proper warnings to submit the issue to the jury; (2) that appellee’s decedent, Walter Barclay, Jr., was contributorily negligent as a matter of law; and (3) that the admission of evidence concerning…