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CUNNINGHAM v. THOMPSON

No. 44276.

277 S.W.2d 602 (1955)

William Homer CUNNINGHAM, Plaintiff-Respondent, v. Guy A. THOMPSON, Trustee, Missouri Pacific Railroad Company, a corporation, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer to Denied April 11, 1955.

Attorney(s) appearing for the Case

Richard H. Beeson, David P. Dabbs, Dean F. Arnold, Kansas City, for appellant.

H. H. Harris, Jr., and S. L. Trusty, Kansas City, for respondent.

Motion for Rehearing or to Transfer to Court en Banc Denied April 11, 1955.

VAN OSDOL, Commissioner.

Defendant has appealed from a $55,300 judgment for personal injuries sustained when the automobile driven by plaintiff on a gravelled county road was struck by defendant's freight train at a point where the road crosses defendant's track at grade about one-fourth mile south of Hughesville.

Although there were averments of primary negligence of defendant...

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