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ALBERTSON v. WABASH R. CO.

No. 42663.

253 S.W.2d 184 (1952)

ALBERTSON v. WABASH R. CO. et al.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer to Denied December 8, 1952.

Attorney(s) appearing for the Case

E. E. Thompson, Eugene R. Brouse and Sam Mandell, Kansas City, for appellant Felix Albertson.

Popham, Thompson, Popham, Mandell & Trusty, Kansas City, of counsel.

Joseph H. Miller, St. Louis, David R. Hardy, Sam B. Sebree and Sebree, Shook, Hardy & Ottman, Kansas City, for appellant, Wabash R. Co., and respondent William E. Wolfe.

Motion for Rehearing or to Transfer to Court en Banc Denied December 8, 1952.

BARRETT, Commissioner.

Felix Albertson was a guest in William F. Elam's 1938 Plymouth sedan when it ran into an oil tank car standing on the Wabash crossing in Henrietta, a village in Ray County, about 11:20 p. m. on the 18th day of April 1947. To recover damages for his resulting injuries Albertson instituted this action against the Wabash Railroad and William E. Wolfe, a flagman...

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