HEADRICK v. KANSAS CITY SOUTHERN RAILWAY CO.

No. 45761.

305 S.W.2d 478 (1957)

John D. HEADRICK, Respondent, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, a Corporation, Appellant.

Supreme Court of Missouri. Division No. 2.

October 14, 1957.


Attorney(s) appearing for the Case

Richard S. Righter, Robert D. Youle, James F. Walsh, Kansas City, Lynn M. Ewing, Nevada, for appellant.

Donald B. Russell, Jack P. Pritchard and Pritchard & Russell, Nevada, for respondent.


BOHLING, Commissioner.

The Kansas City Southern Railway Company, a corporation (defendant), appeals from a judgment for $12,300 in favor of John D. Headrick (plaintiff) for an injury to his right eye. The case is under the Federal Employers' Liability Act (45 U.S.C.A. § 51 et seq.). Defendant contends plaintiff failed to make a submissible case, and plaintiff's main instruction was erroneous.

Plaintiff was an extra man on one of defendant's section crews...

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