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BARLETT v. KANSAS CITY SOUTHERN RY. CO.

No. 75465.

854 S.W.2d 396 (1993)

Leslie Glen BARLETT, an Incompetent, By and Through his Guardian and Conservator, Sandra BARLETT, Plaintiff-Respondent, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, a Missouri Corporation, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 29, 1993.

Attorney(s) appearing for the Case

Daniel E. Scott, Lloyd R. Buehner, Jr., Lloyd R. Buehner, III, Joplin, for defendant-appellant.

Glenn R. Gulick, Jr., Joplin, for plaintiff-respondent.

BENTON, Judge.

Kansas City Southern Railway Company ("the Railroad") appeals from a judgment of $1.5 million for Leslie Glen Barlett. After opinion by the Court of Appeals, Southern District, this Court granted transfer. Rule 83.03. The judgment is reversed; the case is remanded for a new trial.

I.

On September 5, 1987, the Railroad's train—consisting of three engines and 110 cars stretching over 6,000 feet—...

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