Mattle Gay, As Administratrix of the Goods, Chattels and Credits of John Joseph Krause, Deceased, and Erva Lorraine Hill, Widow of Said Deceased, Plaintiffs-appellants, and Royal Indemnity Company, Intervener-plaintiff-appellant, v. Pennsylvania Railroad Company, Defendant-appellee, 199 F.2d 370 (2d Cir. 1952)

Appeal from the United States District Court for the Southern District of New York; Rubey M. Hulen, Judge, sitting in the Southern District by assignment.

Action for wrongful death resulting from a railroad crossing accident in Delaware when the deceased drove a motor truck into the side of a moving freight train. Federal jurisdiction rests on diversity of citizenship. From a directed judgment of dismissal and from an order denying a new trial, the plaintiff and the intervener-plaintiff appeal.

Jacob Rassner, New York City, Robert Klonsky and Irving Frank, New York City, of counsel, for plaintiff-appellant.

Sutta & Frankel, New York City, Nathan Frankel and Frank Reiter, New York City, on the brief, for intervener-plaintiff-appellant.

Conboy, Hewitt, O'Brien & Boardman, New York City, Edward F. Butler, New York City, of counsel, for appellee.

Before SWAN, Chief Judge, and L. HAND and FRANK, Circuit Judges.

PER CURIAM.