TRI-STATE GAS CO. v. KANSAS CITY SOUTHERN RAILWAY CO.

No. 56188.

484 S.W.2d 252 (1972)

TRI-STATE GAS CO., Inc., Appellant, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Respondent.

Supreme Court of Missouri, Division No. 1.

September 11, 1972.


Attorney(s) appearing for the Case

Neale, Newman, Bradshaw & Freeman, O. J. Taylor, Richard Owensby, Springfield, for appellant.

Thomas J. Wheatley, Robert D. Youle, Maurice J. O'Sullivan, Jr., Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, for respondent.


GERALD M. SMITH, Special Judge.

Appellant, Tri-State Gas Company, appeals from the action of the Circuit Court in entering a summary judgment against it in its negligence action against respondent Kansas City Southern Railway Company.

A Kansas City Southern train was approaching Noel, Missouri, on August 3, 1969, with a load of explosives, when the cars became ignited. The train proceeded on along the main track until it reached a point adjacent to Tri-State...

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