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WYATT v. BURLINGTON NORTHERN, INC.

No. 43402.

306 N.W.2d 902 (1981)

209 Neb. 212

Gladys L. WYATT, Executrix of the Estate of John N. Wyatt, deceased, Appellant, v. BURLINGTON NORTHERN, INC., et al., Appellees.

Supreme Court of Nebraska.

June 19, 1981.

Attorney(s) appearing for the Case

Wright & Simmons, Scottsbluff, for appellant.

Knudsen, Berkheimer, Beam, Richardson & Endacott, Lincoln, for appellee Burlington.

Holtorf, Kovarik, Nuttleman & Ellison, P.C., Mitchell, for appellee Shires.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.

BOSLAUGH, Justice:

This is an appeal in a wrongful death action. The plaintiff's decedent, John Wyatt, was killed in a railroad crossing accident when the pickup truck which he was driving south on 21st Avenue was struck broadside by an eastbound Burlington Northern train. The accident happened shortly after 5 p. m. on January 30, 1974, at the 21st Avenue crossing of the Burlington Northern tracks east of Scottsbluff, Nebraska...

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