MISSOURI-KANSAS-TEXAS RAILROAD COMPANY v. MATHIS

No. 7999.

349 F.2d 897 (1965)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a Corporation, Appellant, v. Bernice MATHIS, Mother, Natural Guardian and Next of Kin of Franklin Dewey Mathis, deceased, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 16, 1965.


Attorney(s) appearing for the Case

John J. Jurcyk, Jr., Kansas City, Kan. (Willard L. Phillips, P. B. McAnany, Thomas M. Van Cleave, Jr., James J. Lysaught, R. H. Foerschler, Robert D. Benham, Kansas City, Kan., William A. Thie and Lloyd W. Jones, Denison, Tex., with him on the brief), for appellant.

John E. Shamberg, Kansas City, Kan. (Joseph Cohen, Charles S. Schnider, Joseph P. Jenkins, Barton P. Cohen, Jacob F. May, Jr., Frederick K. Cross, Norma Braly, Kansas City, Kan., and Oren Gray, Parsons, Kan., with him on the brief), for appellee.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Plaintiff-appellee's 12-year old son was killed while playing in the appellant-defendant's railroad yards at Parsons, Kansas. The jury awarded her $15,000 damages and the railroad appeals urging the insufficiency of the evidence and errors in the instructions.

At Parsons the railroad has switching and classification yards which are in the shape of a diamond, have 36 tracks at the widest point, and run in a north-south direction...

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