Court of Appeals for the Eighth Circuit March 17, 1971, No. 20474 (Gagnier v. Bendixen)

GIBSON, Circuit Judge.

This is a diversity action arising out of a truck-train collision near Clarks Grove, Minnesota, which resulted in the death of the truck driver. The decedent’s wife, as trustee of the deceased’s heirs, brought a wrongful death action in the District Court of Minnesota against the railroad for negligence.