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CHICAGO & E. I. RY. CO. v. SELLARS

No. 6790.

5 F.2d 31 (1925)

CHICAGO & E. I. RY. CO. v. SELLARS.

Circuit Court of Appeals, Eighth Circuit.

March 30, 1925.

Attorney(s) appearing for the Case

Frank H. Sullivan, of St. Louis, Mo. (Jones, Hocker, Sullivan & Angert and William O. Reeder, all of St. Louis, Mo., on the brief), for plaintiff in error.

Charles P. Noell, of St. Louis, Mo. (Sidney Thorne Able, of St. Louis, Mo., on the brief), for defendant in error.

Before SANBORN, Circuit Judge, and POLLOCK and SYMES, District Judges.

SYMES, District Judge.

This suit results from a railroad crossing accident at Haubstadt, Ind., on the night of August 26, 1922. A fast passenger train, operated by the plaintiff in error (defendant below), struck an automobile and killed instantly the wife of the plaintiff below, defendant in error here. He sued as the administrator of her estate and recovered a verdict.

We will first consider two questions of law that arose in the course of the trial.

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