CHAMBERLAIN v. THOMPSON

No. 43157.

256 S.W.2d 779 (1953)

CHAMBERLAIN v. THOMPSON.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Remand for New Trial Denied April 13, 1953.


Attorney(s) appearing for the Case

Thomas J. Cole, St. Louis, M. Walker Cooper and Allen D. Churchill, Bloomfield, for appellant.

Roberts & Roberts, Farmington, for respondent.


VAN OSDOL, Commissioner.

Defendant had appealed from a $10,000 judgment entered upon verdict for plaintiff in her action for the wrongful death of her husband which occurred when the automobile the husband was driving was struck by defendant's train at the railroad crossing where the Belmont Branch of defendant's line crosses Highway W in St. Francois County.

Plaintiff's case was submitted to the jury solely on primary negligence of defendant in failing to...

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