WEST v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

No. 45091.

295 S.W.2d 48 (1956)

Floyd WEST, Respondent, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, Appellant.

Supreme Court of Missouri. Division No. 1.

November 12, 1956.


Attorney(s) appearing for the Case

James L. Homire, St. Louis, Earl E. Roberts, Steelville, Donnelly & Donnelly, Lebanon, Robert T. Donnelly, Lebanon, David Donnelly, Lebanon, for appellant.

John W. Waller, Sullivan, G. C. Beckham, Steelville, for respondent.


DALTON, Judge.

Action for damages for personal injuries and property damage sustained December 16, 1950, when defendant's eastbound passenger train struck plaintiff's southbound "pickup" truck on a public crossing in Leasburg, Missouri. The action was instituted August 11, 1954, in the Circuit Court of Crawford County. The cause was submitted solely on negligence under the humanitarian doctrine in failing to warn of the approach of the train or slacken its speed after...

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