BAXTER v. MISSOURI-KANSAS-TEXAS RAILWAY COMPANY

No. 71-1253.

454 F.2d 25 (1972)

Anna BAXTER, Appellee, v. MISSOURI-KANSAS-TEXAS RAILWAY COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied February 9, 1972.


Attorney(s) appearing for the Case

Joseph E. Stevens, Jr., Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Irwin E. Blond, Kansas City, Mo., for appellant.

William Y. Frick, Kirksville, Mo., Henry Panethiere, Kansas City, Mo., Frick & Mayberry, Kirksville, Mo., for appellee.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.


STEPHENSON, Circuit Judge.

This suit arises out of the death of James Jewell Baxter. He was killed when the automobile he was driving collided with the engine of a train owned and operated by the defendant, the Missouri-Kansas-Texas Railway Company. The case was tried to a jury. The railway has appealed from the $25,000 judgment entered against it pursuant to the jury verdict.

The accident took place at about 11:00...

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