FERGUSON v. ST. LOUIS-SAN FRANCISCO RAILWAY CO.

No. 45529.

307 S.W.2d 385 (1957)

Fred FERGUSON, Plaintiff-Appellant, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Defendant-Respondent.

Supreme Court of Missouri. En Banc.

Rehearing Denied December 9, 1957.


Attorney(s) appearing for the Case

Jo B. Gardner, Sam R. Gardner, Monett, for plaintiff-appellant.

James L. Homire, St. Louis, C. Wallace Walter, Glenn A. Burkart, Mann, Walter, Powell & Burkart, Springfield, for defendant-respondent.


WESTHUES, Judge.

This is an action brought by plaintiff Ferguson under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages in the sum of $65,500 for personal injuries sustained when plaintiff while performing his duties fell into a ditch or water drain. Plaintiff's trial theory was that the defendant failed to furnish plaintiff a safe place to work. At the close of plaintiff's case, the trial court directed a verdict for the defendant...

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