GASTON v. WABASH RAILROAD COMPANY

No. 46473.

322 S.W.2d 865 (1959)

Orville M. GASTON, Appellant, v. WABASH RAILROAD COMPANY, a corporation, and F. Burkart Manufacturing Company, a corporation, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 13, 1959.


Attorney(s) appearing for the Case

Grover Childers, Fred Bellemere, Jr., Kansas City, for appellant.

James H. Ottman, William W. Shinn, Kansas City, Sebree, Shook, Hardy & Ottman, Kansas City, of counsel, for respondent Wabash R. Co.

Otto R. Erker, Pendleton Goodall, Jr., St. Louis, Lyman Field, Clay C. Rogers, Kansas City, Rogers, Field, Gentry & Jackson, Kansas City, of counsel, for respondent, F. Burkart Mfg. Co.


HYDE, Presiding Judge.

Action for damages for personal injuries. Plaintiff had verdict and judgment for $22,500 against both defendants; but the court sustained defendants' motions for judgment, entered judgment for each defendant; and also granted a new trial to each defendant, on the ground of error in instructions, in the event judgment for defendants was reversed. Plaintiff has appealed.

At the hearing on appeal in this court, plaintiff conceded that the...

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