OPINION
PAGE, Justice.
The chief issue presented in this wrongful-death case is whether respondent BNSF Railway Company (BNSF) is entitled to a new trial on liability as a result of an allegedly erroneous instruction to the jury on the railroad's duty of care. The district court instructed the jury, without objection from BNSF, to apply a common-law or "reasonable person" standard of care. After the jury returned a verdict in appellants' favor,
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