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GRACE v. SMITH

No. 44583.

277 S.W.2d 503 (1955)

Leo GRACE, Administrator of the Estate of Oda Grace, Deceased, Respondent, v. L. A. SMITH, C. T. Schmidt and the Wabash Railroad Company, a Corporation, Defendants, Wabash Railroad Company, a Corporation, Appellant.

Supreme Court of Missouri, En Banc.

April 11, 1955.

Attorney(s) appearing for the Case

Boyle G. Clark, Robert C. Smith, Jr., Raymond C. Lewis, Jr., Columbia, for appellant. J. H. Miller, St. Louis, Missouri, Clark & Becker, Columbia, of counsel.

Ralph L. Alexander, R. E. Ausmus, Columbia, for respondent. Alexander, Harris & Welliver, Columbia, of counsel.

HOLLINGSWORTH, Judge.

Plaintiff, administrator of the estate of Oda Grace, deceased, sued defendants, Wabash Railroad Company, a corporation, L. A. Smith, its engineer, and C. T. Schmidt, its fireman, for the wrongful death of Mrs. Grace, when a car in which she was riding was struck by a Wabash train at a public crossing in the City of Sturgeon, Missouri. The jury discharged Smith and Schmidt but found a verdict against the Wabash in the amount of $5,000, and judgment...

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