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SMITH v. WABASH RAILROAD COMPANY

No. 52041.

416 S.W.2d 85 (1967)

Robert L. SMITH, Plaintiff-Appellant, v. WABASH RAILROAD COMPANY, a Corporation, Defendant-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 10, 1967.

Attorney(s) appearing for the Case

Lyman Field, Rogers, Field & Gentry, Kansas City, Conn Withers, Liberty, for appellant.

James H. Ottman, Donald K. Hoel, Robert K. Waldo, Kansas City, of counsel, Shook, Hardy, Ottman, Mitchell & Bacon, Kansas City, for respondent.

HENRY J. WESTHUES, Special Commissioner.

This is an action based on the res ipsa loquitur doctrine. The plaintiff, Robert L. Smith, filed a petition in the Circuit Court of Jackson County, Missouri, at Kansas City, alleging that on January 2, 1962, he was foreman of a grain inspection crew and while in the process of obtaining samples of grain from railroad cars located on defendant Wabash Railroad's tracks in North Kansas City, Clay County, Missouri, a door of a...

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