PHELPS v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY

No. 53217.

438 S.W.2d 181 (1968)

Julius V. PHELPS, Respondent, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a Corporation, Appellant.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied September 9, 1968.

Certiorari Granted January 27, 1969.


Attorney(s) appearing for the Case

Edgar S. Carroll, Thos. J. Conway, Kansas City, John E. Bardgett, St. Louis, for respondent, Popham, Thompson, Popham, Trusty & Conway, Kansas City, Haley & Bardgett, St. Louis, of counsel.

Frank J. Rogers, Kansas City, for appellant.


Motion for Rehearing or to Transfer to Court En Banc Denied September 9, 1968.

Certiorari Granted January 27, 1969. See 89 S.Ct. 720.

HIGGINS, Commissioner.

Action under Federal Employers' Liability Act, 45 U.S.C.A. §§ 51-60, for personal injuries sustained by plaintiff while allegedly an employee of defendant. Verdict and judgment were for plaintiff for $25,000.

The dispositive issue is whether plaintiff was an employee of defendant...

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