PAYDON v. GLOBUS

No. 28520.

255 S.W.2d 61 (1953)

PAYDON v. GLOBUS.

St. Louis Court of Appeals. Missouri.

Rehearing Denied March 13, 1953.


Attorney(s) appearing for the Case

Walther, Hecker, Walther & Barnard, Harold F. Hecker and George W. Cloyd, of St. Louis, for appellant.

Chelsea O. Inman and Charles E. Gray, St. Louis (Byron E. Roche, of St. Louis, of counsel), for respondent.


BENNICK, Presiding Judge.

This is an action growing out of an automobile collision which occurred near noon on March 13, 1949, at a point on U. S. Highway 40 about three miles west of Jonesburg in Montgomery County, Missouri, where the highway runs through an underpass beneath the tracks of the Wabash Railroad Company which cross the highway on a trestle from southeast to northwest.

The trestle, in length, is but barely more than the width of the highway,...

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