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RUHL v. MISSOURI PACIFIC RAILROAD COMPANY

No. 45707.

304 S.W.2d 16 (1957)

F. P. RUHL et al., Respondents, v. MISSOURI PACIFIC RAILROAD COMPANY, a Corporation, Appellant.

Supreme Court of Missouri. Division No. 2.

July 8, 1957.

Attorney(s) appearing for the Case

Harold L. Harvey, St. Louis, Hilary A. Bush, Fred A. Murdock, Wm. A. Cameron, Johnson, Lucas, Bush & Gibson, Kansas City, for appellant.

Arthur C. Popham, Sam Mandell, Kansas City, Haysler A. Poague, Clinton, Richard W. Shaw, Hiawatha, Kan., A. Harry Crane, Topeka, Kan., for respondents, Popham, Thompson, Popham, Mandell & Trusty, Kansas City, of counsel.

BARRETT, Commissioner.

On June 6, 1952, Mrs. Margaret Ruhl and her neighbor, Mrs. Younkman, were killed when a Missouri Pacific train struck a 1950 two-door Plymouth sedan on an ascending crossing near Hiawatha, Kansas. In this action against the railroad in Missouri Mrs. Ruhl's husband has recovered a judgment of $1,000 for the destruction of his automobile and a judgment of $10,000 for the death of his wife. Upon this appeal the railroad concedes that there was...

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