MARQUARDT v. KANSAS CITY SOUTHERN RAILWAY CO.

No. 48472.

358 S.W.2d 49 (1962)

Ernest H. MARQUARDT, Respondent, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, a corporation, Appellant.

Supreme Court of Missouri, In Banc.

Rehearing Denied June 11, 1962.


Attorney(s) appearing for the Case

Richard S. Righter, Robert D. Youle, W. H. Bates, Kansas City, for defendant-appellant. Lathrop, Righter, Gordon & Parker, Kansas City, of counsel.

Sylvan Bruner, Pittsburg, Kan., Arthur C. Popham, Kansas City, for respondent.

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


EAGER, Judge.

This is a suit under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. for personal injuries allegedly due to defendant's negligence. It is conceded that plaintiff and defendant were engaged in interstate commerce. Plaintiff recovered a verdict for $75,000 which was reduced, by a required remittitur, to $50,000. This appeal followed. The case was first submitted in Division One of this court, where an opinion was written but failed...

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