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MARSHALL v. BURLINGTON NORTHERN, INC.

No. 81-3161.

720 F.2d 1149 (1983)

Mary MARSHALL, individually and as personal representative, Plaintiff-Appellee, v. BURLINGTON NORTHERN, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 25, 1983.

Attorney(s) appearing for the Case

Bruce R. Toole, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Mont., for defendant-appellant.

John C. Hoyt, Hoyt & Trieweiler, Great Falls, Mont., for plaintiff-appellee.

Before KENNEDY, FARRIS, and NORRIS, Circuit Judges.

KENNEDY, Circuit Judge:

In this wrongful death case brought with diversity jurisdiction, the jury found Burlington Northern, Inc. liable for negligence when one of its freight trains collided with a truck at a grade crossing, killing Kenneth Marshall. The jury awarded Marshall's surviving widow $75,000 in compensatory damages and $750,000 in punitive damages. We reverse and remand for a new trial.

I. Federal Preemption of On-Train Warning Devices<...

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