JOHNSON v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY

No. 49862.

374 S.W.2d 1 (1963)

Raymond H. JOHNSON, Respondent, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a Corporation, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied January 13, 1964.


Attorney(s) appearing for the Case

Frank J. Rogers, Kansas City, Lynn M. Ewing, Jr., Nevada, Mo., for appellant.

Everett Teel, Nevada, Mo., Sylvan Bruner, Pittsburg, Kan., 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 January 13, 1964.

BARRETT, Commissioner.

This is the third trial and appeal of an action under the Federal Employers' Liability Act and it is not necessary therefore to again detail the circumstances as the jury could and did find them. The testimony was substantially the same in all three trials and of necessity the railroad concedes, as the court held upon the first appeal, that in at least two...

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