KELLY v. TERMINAL RAILROAD ASS'N OF ST. LOUIS

No. 45864.

315 S.W.2d 699 (1958)

Alfred KELLY, Appellant, v. TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS, Respondent.

Supreme Court of Missouri, Division No. 2.

September 8, 1958.


Attorney(s) appearing for the Case

Rexford H. Caruthers, Shulamith Simon, William R. Kirby, Alexander M. Goodman, St. Louis, for appellant.

George P. Mueller, Evans & Dixon, John P. Montrey, St. Louis, for respondent.


LEEDY, Judge.

Action for $35,000 damages for personal injuries alleged to have been sustained by plaintiff when the automobile in which he was riding as a guest of the driver-owner was struck by defendant's Diesel switch engine (and cut of cars) at a public crossing in the City of St. Louis. Verdict and judgment went for defendant, and, after an unavailing motion for new trial, plaintiff appealed. The points briefed relate...

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