Mary Jane Akin, Surviving Spouse of John D. Akin, Deceased, Plaintiff-Appellant. v. Missouri Pacific Railroad Co…

Summary

The court held that federal law did not preempt the widow's state-law claim that the railroad crossing had inadequate warning devices because federally funded warning devices had not yet been installed and made operational when the accident occurred. Nevertheless, the court declined to order a new trial because the deceased's failure to stop despite clearly discernible warnings was, as a matter of law, the supervening and proximate cause of the accident. The Court of Civil Appeals' opinion was vacated, but the trial court's judgment on the defense verdict was affirmed.