Court of Appeals for the Tenth Circuit April 28, 1978, Nos. 76-1843 and 76-1853 (Minker v. St. Louis-San Francisco Railway Co.)

McWILLIAMS, Circuit Judge.

Lloyd and Virginia Minker, the surviving parents of Freddy Minker, brought a wrongful death action against the St. Louis-San Francisco Railway Company and Paula Jean Davison. Freddy Minker, age eighteen, was killed in a railroad crossing accident between an automobile and a train. At the time of the accident he was a passenger in a car being driven by Paula Jean Davison.