Francis v. Southern Pacific Co.

Petitioners are the minor children of Jack R. Francis who was killed while riding as an interstate passenger on one of respondent’s trains. They brought this suit, acting through their general guardians, to recover damages on account of his death. Jurisdiction in the federal court was founded on diversity of citizenship. The trial judge submitted to the jury only the question of respondent’s wanton negligence. The error alleged is his refusal to submit to the jury the issue of ordinary negligence. The jury returned a verdict for respondent. The Circuit Court of Appeals affirmed. 162 F.2d 813.

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