Wyatt v. Burlington Northern, Inc.

This is an appeal in a wrongful death action. The plaintiffs decedent, John Wyatt, was killed in a railroad crossing accident when the pickup truck which he was driving south on 21st Avenue was struck broadside by an eastbound Burlington Northern train. The accident happened shortly after 5 p.m. on January 30, 1974, at the 21st Avenue crossing of the Burlington Northern tracks east of Scottsbluff, Nebraska. The defendants are the railroad company and the engineer, John G. Shires.

At the close of the plaintiffs evidence the trial court dismissed the plaintiffs amended petition on the motions of…