Flagg v. Chicago Great Western Ry. Co.

THOMAS, Circuit Judge.

In an action for damages for the wrongful death of her deceased husband, plaintiff, as special administratrix, appeals from a judgment entered upon a verdict directed for the defendant.

The accident in which plaintiff’s decedent was killed occurred at a crossing in the country when an automobile driven by the decedent ran into the side of a moving train. The verdict was directed upon motion of the defendant made at the conclusion of plaintiff’s testimony, on the grounds (1) that no actionable negligence of defendant was shown and (2) that the evidence established…