KANSAS CITY TERM. RY. CO. v. ATCHISON, T. & S.F. RY. CO.

No. KCD 26230.

512 S.W.2d 415 (1974)

KANSAS CITY TERMINAL RAILWAY COMPANY, Plaintiff-Respondent, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellant, Chicago, Rock Island and Pacific Railroad Company, et al., Defendants-Respondents, Burlington Northern Inc. et al., Defendants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied May 6, 1974.


Attorney(s) appearing for the Case

R. K. Knowlton, Chicago, Ill., Forrest P. Carson, Carson, Inglish, Monaco & Coil, Jefferson City, for appellant.

Stinson, Mag, Thomson, McEvers & Fizzell, Lawrence R. Brown, Robert L. Driscoll, Kansas City, for respondent Kansas City Terminal Railway Co.

Johnson, Lucas, Bush & Snapp, Hilary A. Bush, Kent Snapp, James L. Burgess, James M. Beck, Kansas City, for respondent Missouri Pacific Railroad Co.

James & McCanse, Thad C. McCanse, William Icenogle, Kansas City, for respondent Chicago, Rock Island and Pacific Railroad Co.

Deacy & Deacy, Edward W. Mullen, Kansas City, for respondent St. Louis-San Francisco Railway Co.

Before PRITCHARD, P. J., and SWOFFORD and SOMERVILLE, JJ.


SOMERVILLE, Judge.

This litigation took roots in the heyday of railroad passenger trains and leafed in the advent of private passenger automobiles, commercial buses and commercial airliners.

Kansas City Terminal Railway Company (hereinafter referred to as Terminal), plaintiff-respondent, and the twelve railroad defendants, one of whom is the Atchison, Topeka and Santa Fe Railway Company (hereinafter referred to as Santa Fe) and the sole appellant, are all...

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