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

No. 74-1538.

513 F.2d 1267 (1975)

Alvina K. TIEDEMAN, Administrator of the Estate of Denny Milton Tiedeman, Deceased, Plaintiff-Appellant, Smit & Son, Inc., Intervenor-Appellant, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 30, 1975.

Attorney(s) appearing for the Case

Maurice B. Nieland, Sioux City, Iowa, and John D. TePaske, Orange City, Iowa, for plaintiff-appellant.

Randy Duncan, Des Moines, Iowa, for defendant-appellee.

Before JOHNSEN, Senior Circuit Judge, STEPHENSON and WEBSTER, Circuit Judges.

STEPHENSON, Circuit Judge.

In this diversity action arising out of a railroad crossing accident plaintiff appeals from the district court's judgment in favor of the defendant entered on the verdict of the jury and from the court's denial of plaintiff's motion for a new trial.1 The jury in special verdicts found the decedent-driver 75% negligent and the Milwaukee Railroad 25% negligent. The court...

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