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FULLERTON v. ATCHISON, TOPEKA & SANTA FE RAILWY CO.

No. 44800.

285 S.W.2d 572 (1955)

C. B. FULLERTON, Administrator of the Estate of Clifford E. Schrimp, Deceased, Plaintiff-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, Defendant-Respondent.

Supreme Court of Missouri, Division No. 1.

Motion for Modification of Opinion and Judgment Denied January 9, 1956.

Attorney(s) appearing for the Case

W. Luke Chapin, Medicine Lodge, Kan., Arthur C. Popham, F. L. Thompson, Sam Mandell, Kansas City, Popham, Thompson, Popham, Mandell & Trusty, Kansas City, of counsel, for plaintiff-appellant.

John H. Lathrop, Sam D. Parker, James F. Walsh, Jack W. R. Headley, Kansas City, for respondent.

WESTHUES, Judge.

C. B. Fullerton as administrator of the estate of Clifford E. Schrimp, deceased, filed this suit against the defendant Atchison, Topeka and Santa Fe Railway Company, a corporation, to recover damages for the wrongful death of Schrimp. A trial resulted in a verdict for plaintiff in the sum of $90,000. The trial court ruled that if plaintiff would enter a remittitur of $45,000, the motion for new trial filed by the defendant would be overruled; otherwise...

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