MOORE v. CHICAGO, B. & Q. R. CO.

No. 278.

28 F.Supp. 804 (1939)

MOORE v. CHICAGO, B. & Q. R. CO.

District Court, W. D. Missouri, W. D.

August 25, 1939.


Attorney(s) appearing for the Case

Lester G. Seacat, of Kansas City, Mo., and Charles M. Stokes, of Leavenworth, Kan., for plaintiff.

Langworthy, Spencer, Terrell & Matz, of Kansas City, Mo., for defendant.


OTIS, District Judge.

The sole contention made in support of the motion to dismiss the complaint is that the complaint shows on its face that plaintiff was guilty of contributory negligence and that, therefore, as a matter of law he is not entitled to recover damages from defendant for injuries alleged to have been caused by defendant's negligence.

With the question presented as to whether the contention should prevail, it is desirable that the language of...

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