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TUCKER v. KANSAS CITY SOUTHERN RY. CO.

No. WD 40371.

765 S.W.2d 308 (1988)

Herbert N. TUCKER, Appellant, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Respondent.

Missouri Court of Appeals, Western District.

As Modified January 31, 1989.

Motion for Rehearing and/or Transfer Denied January 31, 1989.

Application to Transfer Denied March 14, 1989.

Attorney(s) appearing for the Case

Patrick S. O'Brien, East Alton, Ill., for appellant.

Harlan D. Burkhead and Thomas A. Ryan, Kansas City, for respondent.

Before FENNER, P.J., and GAITAN and MANFORD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 31, 1989.

FENNER, Presiding Judge.

Appellant, Herbert N. Tucker, (Tucker) appeals from the order of the trial court which granted respondent, Kansas City Southern Railway Company, (Kansas City Southern) a new trial.

In the circuit court, Tucker brought suit in negligence against Kansas City Southern under the Federal Employers' Liability Act, (F.E.L.A.), 45 U.S.C. §§ 51...

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