Maggie Bernice Outlaw, Administratrix of the Estate of L. J. Outlaw, Deceased v. Louisville and Nashville Railroad Company

WILLIAM E. MILLER, Circuit Judge.

On April 30, 1969, plaintiff-appellee’s husband was killed when a tractor, pulling a large water-filled roller, overturned, crushing him to death. The equipment had become stuck while crossing the railroad’s tracks in rural Haywood County, Tennessee. The Railroad tracks crossed Steele Road, a dirt road, at a point approximately 400 feet from Highway 70. For many years Steele Road had been used to connect highway 70 with state road No. 8131. Although in recent years the middle section of Steele Road had been blocked by gaps (removable barbed wire strands),…