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SMITH v. KANSAS CITY SOUTHERN RY. CO.

No. WD 59676.

87 S.W.3d 266 (2002)

Rickey C. SMITH, Appellant, v. THE KANSAS CITY SOUTHERN RAILWAY COMPANY, Respondent.

Missouri Court of Appeals, Western District.

As Modified October 1, 2002.

Motion for Rehearing and/or Transfer Denied October 1, 2002.

Application for Transfer Denied November 26, 2002.

Attorney(s) appearing for the Case

Gene C. Napier, Christopher Leach, Charles Gordon, Kansas City, for appellant.

Harlan D. Burkhead, L.J. Buckner, Jr., Mara Cohara, Kansas City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 1, 2002.

RONALD R. HOLLIGER, Judge.

Appellant Rickey C. Smith (hereinafter "Smith") appeals from a judgment after jury verdict in favor of respondent Kansas City Southern Railway Company (hereinafter "KCS") on his claim for personal injuries pursuant to the Federal Employers Liability Act (FELA), 45 U.S.C. § 51, et seq. Smith raises three points on appeal. First, he contends that the...

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