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HEALY v. ATCHISON, TOPEKA & SANTA FE RAILROAD CO.

No. 45101.

287 S.W.2d 813 (1956)

H. E. (Pat) HEALY, Administrator of the Estate of Lloyd C. Stewart, and Loretta Stewart, Plaintiffs, v. The ATCHISON, TOPEKA & SANTA FE RAILROAD COMPANY, a Corporation, Defendant.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer to Denied March 12, 1956.

Attorney(s) appearing for the Case

William R. Kirby, St. Louis, for appellants.

John H. Lathrop, Sam D. Parker, Kansas City, Coburn & Croft, Thomas L. Croft, Frank E. Booker, St. Louis, for respondent.

Motion for Rehearing or to Transfer to Court en Banc Denied March 12, 1956.

HYDE, Judge.

Action for $15,000 damages for wrongful death of Lloyd C. Stewart (not an employee of defendant) in Wichita, Kansas, alleged to have been struck at a public crossing by one of defendant's engines. Defendant's motion to dismiss was sustained and this action was dismissed with prejudice. Plaintiffs have appealed from the judgment of dismissal.

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