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HEATON v. FERRELL

No. 7750.

325 S.W.2d 800 (1959)

James W. HEATON, Sr., Plaintiff-Appellant, v. Frank FERRELL, d/b/a Ferrell Oil and Coal Company and New Amsterdam Casualty Company, Defendants-Respondents.

Springfield Court of Appeals, Missouri.

June 25, 1959.

Attorney(s) appearing for the Case

Dwight Crader, Sikeston, for plaintiff-appellant.

Blanton & Blanton, Sikeston, for defendants-respondents.

STONE, Presiding Judge.

As James W. Heaton, Sr., forty-two years of age, employed by Frank Ferrell d/b/a Ferrell Oil and Coal Company as "manager" of a service station at Morehouse, Missouri, was returning from his home at Idalia, fifteen miles from his place of employment, during the noon hour on Saturday, December 1, 1956, the Chevrolet pickup owned and driven by Heaton was struck by a Missouri Pacific train at the Hunterville crossing, about seven miles from Morehouse...

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