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MEREDITH v. MISSOURI PACIFIC RAILROAD COMPANY

No. 54972.

467 S.W.2d 79 (1971)

Barbara MEREDITH, Plaintiff-Respondent, v. MISSOURI PACIFIC RAILROAD COMPANY and Martin A. Shell, Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

May 10, 1971.

Attorney(s) appearing for the Case

Lyman Field, Rogers, Field, Gentry, Benjamin & Robertson, Kansas City, for respondent.

Hilary A. Bush, Kent Snapp, James L. Burgess, Johnson, Lucas, Bush & Snapp, Kansas City, for appellants.

WELBORN, Commissioner.

Action for damages for personal injury and property damage by Barbara Meredith against Missouri Pacific Railroad Company and Martin A. Shell, its engineer, arising out of train-auto collision in Ottawa, Kansas, on August 20, 1965. Jury returned verdict for defendants. Trial court sustained plaintiff's motion for new trial because of error in defendants' contributory negligence instruction. Defendants appeal. On this appeal, they attack trial...

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