PRINCE v. KANSAS CITY SOUTHERN RY. CO.

No. 41512.

229 S.W.2d 568 (1950)

PRINCE v. KANSAS CITY SOUTHERN RY. CO.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer to Denied May 8, 1950.


Attorney(s) appearing for the Case

Cyrus Crane, Winston H. Woodson, James F. Walsh, Kansas City, for appellant, Kansas City Southern Ry. Co.

F. M. Kennard, A. C. Popham, David Trusty, Sam Mandell, Kansas City, for respondent, Popham, Thompson, Popham, Mandell & Trusty, Kansas City, of counsel.


Motion for Rehearing or to Transfer to Court en Banc Denied May 8, 1950.

ASCHEMEYER, Commissioner.

This is an action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages for personal injuries. The answer pleaded a release executed by respondent. The reply raised an issue of fraud in the procurement of the release and prayed that it be set aside. Respondent recovered a judgment for $44,400 from which this appeal has...

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