MARSHALL v. ST. LOUIS-SAN FRANCISCO RY. CO.

No. 42102.

234 S.W.2d 524 (1950)

MARSHALL v. ST. LOUIS-SAN FRANCISCO RY. CO.

Supreme Court of Missouri, en Banc.

Rehearing Denied December 11, 1950.


Attorney(s) appearing for the Case

C. A. Calvird, Clinton, David Trusty, Sam Mandell, Kansas City, for appellant. Popham, Thompson, Popham, Mandell & Trusty, Kansas City, of counsel.

E. G. Nahler, St. Louis, Thos. E. Deacy, Kansas City, Haysler Poague, Clinton, Ray L. Shubert, Harrisonville, Milligan, Kimberly & Deacy, Kansas City, Poague, Poague & Brock, Clinton, for respondent.


DALTON, Judge.

Action for $25,000 damages for personal injuries and property damage sustained when plaintiff's automobile, which he was operating, collided with one of defendant's trains at a grade crossing on U. S. Highway No. 50-S, near Burrton, Kansas, on May 18, 1946. The cause was submitted to the jury under the last clear chance doctrine of Kansas and a verdict was returned for plaintiff for $5,000. Thereafter the trial court sustained defendant's motion for...

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