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VAN BUSKIRK v. MISSOURI-KANSAS-TEXAS RAILROAD CO.

No. 48426.

349 S.W.2d 68 (1961)

John M. VAN BUSKIRK, Respondent, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a corporation, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied September 11, 1961.

Attorney(s) appearing for the Case

Ewing, Ewing, Ewing, Carter & Wight, Nevada, Lynn M. Ewing, Jr., Nevada, for appellant.

Sylvan Bruner, Pittsburg, Kan., Everett E. Teel, Nevada, Mo., Arthur C. Popham, Kansas City, for respondent.

Popham, Thompson, Popham, Trusty & Conway, Kansas City, of counsel.

Motion for Rehearing or to Transfer to Court en Banc Denied September 11, 1961.

STOCKARD, Commissioner.

On October 4, 1958, Mrs. Edith Van Buskirk and her three minor children, Barbara Jo and Barbara Ann, eight-year-old twins, and Milburn Dale, two years of age, were killed when a train struck their automobile at a grade crossing approximately one mile south of Bayard, Kansas. In this action, brought in Missouri against the railroad, plaintiff recovered a...

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