MAHAN v. MISSOURI PACIFIC R. CO.

No. 53678.

760 S.W.2d 510 (1988)

Linda G. MAHAN, Administratrix of the Estate of Samuel P. Mahan, Deceased, Plaintiff/Appellant, v. MISSOURI PACIFIC RAILROAD CO., Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

Application to Transfer Denied December 13, 1988.


Attorney(s) appearing for the Case

Ernest G. Trakas, Joseph L. Walsh, II, Joseph L. Walsh, III, St. Louis, for plaintiff/appellant.

Patrick J. Hagerty, Michael D. O'Keefe, St. Louis, for defendant/respondent.


SATZ, Presiding Judge.

Samuel Mahan (Mahan) was employed by defendant, Missouri Pacific Railroad Company. While in the engine of a train owned by defendant, Mahan was killed when the train collided with another train owned by defendant. Mahan's widow, administratrix of Mahan's estate and plaintiff here, sued defendant for damages. Plaintiff appeals. We affirm.

Plaintiff sued defendant in four counts. Count I bases liability on res ipsa loquitur. Count...

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