McDOWELL v. CHICAGO, MILWAUKEE, ST. PAUL & PAC. R. CO.

No. 74-1231.

507 F.2d 5 (1974)

Edith L. McDOWELL, Executor of the Estate of Clarence A. McDowell, Deceased, Appellant, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 13, 1974.


Attorney(s) appearing for the Case

Robert E. Dreher, Des Moines, Iowa, for appellant.

Randy Duncan, Des Moines, Iowa, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, HEANEY, Circuit Judge, and MEREDITH, Chief District Judge.


VAN OOSTERHOUT, Senior Circuit Judge.

Plaintiff Edith L. McDowell, Executor of the estate of her husband, Clarence A. McDowell, has taken this timely appeal from final judgment dismissing her complaint for damages for wrongful death of Mr. McDowell and from denial of her motion for a new trial.

The collision between McDowell's truck and the defendant's train, which resulted in McDowell's death, occurred on the Main Street crossing of defendant's tracks at...

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