STATE EX REL. ST. LOUIS, ETC. v. PINNELL

No. 11919.

605 S.W.2d 537 (1980)

STATE of Missouri ex rel. ST. LOUISSAN FRANCISCO RAILWAY COMPANY, Relator, v. The Honorable William H. PINNELL, Judge of the Circuit Court of Lawrence County, Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

September 9, 1980.


Attorney(s) appearing for the Case

Glenn A. Burkart, Mann, Walter, Burkart, Weathers & Walter, Springfield, for relator.

Theodore Beezley, Springfield, for respondent.


TITUS, Presiding Judge.

Plaintiff, as the surviving parent of his deceased 15-month-old daughter, sued defendant railroad for damages. His petition alleged that defendant's negligence caused the death of the child. The pleading stated that the deceased, at the time of her death, was a passenger in a truck which was being operated by plaintiff when it came into collision with defendant's train at a grade crossing. Defendant's answer, in paragraph six thereof, asserted...

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