Patrick D. Moran and Essie M. Moran v. Washington, Idaho and Montana Railroad Company, a Corporation

Gary Anderson Moran, 18-year-old son of appellants, was killed in a crossing collision between a pickup truck in which he was riding as a guest passenger and the engine of a logging train owned and operated by appellee. The accident took place at a point in Idaho on State Highway No. 8 near Bovill, Idaho, where the highway is crossed at approximately a right angle by the railroad tracks of appellee.

Appellants filed an action for damages against appellee in the United States District Court for the District of Idaho. The action was tried by a jury which rendered a verdict for appellants in the sum of $5,000.

Appellee, having moved for a directed verdict at the close of the evidence, moved for judgment notwithstanding the verdict, and the District Court granted said motion, set aside the jury’s verdict, and entered judgment for appellee. This appeal is from said order of the District Court.

Jurisdiction was in the District Court by reason of diversity of citizenship, and jurisdiction is in this Court under 28 U.S.C.A. § 1291 .

An examination of the record discloses the following facts. The decedent resided with his parents, the appellants, at Bovill, Idaho, and attended a high…