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FOSTER v. KANSAS CITY SOUTHERN RAILWAY COMPANY

No. 45888.

306 S.W.2d 521 (1957)

Golden J. FOSTER, Plaintiff-Appellant, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, a Corporation, Defendant-Respondent.

Supreme Court of Missouri. Division No. 1.

November 12, 1957.

Attorney(s) appearing for the Case

Don G. Stubbs, R. S. McKenzie, Stubbs, McKenzie, Williams & Merrick, Kansas City, for appellant.

Richard S. Righter, Robert D. Youle, James F. Walsh, Kansas City, for respondent.

VAN OSDOL, Commissioner.

Plaintiff, Golden J. Foster, instituted this action for the wrongful death of her husband, Emery Robert Foster, who lost his life when the tractor-(semi) trailer he was driving was struck by defendant's train. The cause was submitted to a jury upon negligence of defendant under the last clear chance doctrine of Kansas. The jury returned a verdict for plaintiff awarding $15,000 damages. Thereafter, defendant Kansas City Southern Railway Company...

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