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FOLTZ v. BURLINGTON NORTHERN R. CO.

No. WD 35095.

689 S.W.2d 710 (1985)

Ed W. FOLTZ, Plaintiff-Respondent, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied April 2, 1985.

Application to Transfer Denied May 29, 1985.

Attorney(s) appearing for the Case

Spencer J. Brown, Deacy & Deacy, Kansas City, for defendant-appellant.

Jo B. Gardner, Jo B. Gardner, Inc., Monett, for plaintiff-respondent.

Before KENNEDY, P.J., and NUGENT and BERREY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied April 2, 1985.

NUGENT, Judge.

Defendant, Burlington Northern Railroad Company, appeals from a verdict and judgment under the Federal Employers' Liability Act in favor of plaintiff Ed Foltz for damages suffered as a result of defendant's negligence. Burlington Northern claims the trial court erred in instructing the jury, that the evidence was insufficient to support submission of the...

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