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MISSOURI PAC. R. CO. v. WHITEHEAD & KALES CO.

No. 59906.

566 S.W.2d 466 (1978)

MISSOURI PACIFIC RAILROAD COMPANY, a corporation, Third-Party Plaintiff-Appellant, v. WHITEHEAD & KALES COMPANY, Third-Party Defendant-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 15, 1978.

Attorney(s) appearing for the Case

Harlan D. Burkhead, Kansas City, for third-party plaintiff-appellant.

Arthur C. Popham, Jr., Kansas City, for third-party defendant-respondent.

SEILER, Judge.

In Sampson v. Missouri Pacific Railroad Co., 560 S.W.2d 573 (Mo. banc 1978), we affirmed a $300,000 judgment against Missouri Pacific for damages for injuries received by Robert Sampson, an employee of its consignee. Sampson was injured when he fell to the ground from the top of a three decker auto rack rail car.

The instant case arises from the attempt of Missouri Pacific, pursuant to rule 52.11 and...

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