Reyes (P) was run over by Missouri Pacific's (D) train shortly after midnight on June 17, 1974. P was laying on the railroad tracks. P sued under diversity alleging negligence for a failure to discover him and for running over him. D responded that P was dressed in black clothing and was not visible until it was too late to stop. D also alleged that P was intoxicated and had passed out on the tracks before the train had arrived. P made a motion in limine to exclude evidence of his four prior misdemeanor convictions for public intoxication. P failed, and the convictions were discussed during trial. P was found to be more negligent than D and P was precluded from recovery. P appealed.

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