DAY v. UNION PACIFIC RAILROAD COMPANY

No. 44010.

276 S.W.2d 212 (1955)

J. W. DAY, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, Respondent.

Supreme Court of Missouri, Division No. 1.

March 14, 1955.


Attorney(s) appearing for the Case

Thomas E. Hudson, Robert E. B. Bunch, Hudson & Cavanaugh, Kansas City, for appellant.

James C. Wilson, Lynn E. Rhoads, Kansas City, for respondent Watson, Ess, Marshall & Enggas, Kansas City, of counsel.


LOZIER, Commissioner.

This is an action for personal injuries and property damage allegedly caused by the negligence of defendant-respondent railroad (herein called defendant). Plaintiff-appellant (herein called plaintiff) sued defendant and G. A. Benson, engineer of defendant's train. At the close of plaintiff's evidence, Benson's motion for a directed verdict as to him was sustained. Plaintiff had verdict and judgment for $25,000. Defendant's new trial motion was...

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