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ROGERS v. THOMPSON

No. 44595.

308 S.W.2d 688 (1958)

James C. ROGERS, Respondent, v. Guy A. THOMPSON, Trustee, Missouri Pacific Railroad Company, a Corporation, Appellant.

Supreme Court of Missouri, Division No. 1.

January 16, 1958.

Attorney(s) appearing for the Case

Harold L. Harvey, Oliver L. Salter and Donald B. Sommers, Marvin Boisseau, Jr., St. Louis, for appellant.

Mark D. Eagleton, Thomas F. Eagleton, and Leland Jones, Eugene K. Buckley, St. Louis, for respondent.

COIL, Commissioner.

James C. Rogers brought an action against Guy A. Thompson as trustee of the Missouri Pacific Railroad Company, a corporation, under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., claiming damages for personal injuries. Judgment for $40,000 was entered on a jury's verdict. The trustee appealed to this Court, contending that plaintiff below failed to make a submissible case, that the trial court erred in giving instruction 1...

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