Walton

Appellant brought this action to recover damages for the death of three of the minor children of herself and her husband, Verne Walton, who was killed at the same time as the children, in a railroad crossing accident. The husband, who was driving the automobile at the time of the collision, drove directly onto the railroad track in front of the passenger train operated by the appellee railroad company.

Upon the trial of the ease appellee moved for a directed verdict upon the ground that the railroad company was not negligent, and that the father of the children was negligent, and that the negligence of the father was either the sole proximate cause of the injury or was a contributing cause thereto. The trial court granted the motion. In directing the verdict the trial eourt stated the undisputed facts as disclosed by the evidence and informed the jury that the motion for directed verdict was granted because of the negligence of the father of the children.

The facts are not in dispute. Appellant’s eharge of negligence is based upon the assumption that under the admitted circumstances it was a question of fact for the consideration of the jury whether Or not at the time and place…