FUGATE v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

No. 7950.

348 S.W.2d 718 (1961)

Clinton FUGATE, Plaintiff-Respondent, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Defendant-Appellant.

Springfield Court of Appeals. Missouri.

July 13, 1961.


Attorney(s) appearing for the Case

Ward & Reeves, Caruthersville, for appellant.

Richard D. Moore, Green & Green, H. D. Green, West Plains, for respondent.


McDOWELL, Judge.

This action is for personal injuries sustained by plaintiff October 12, 1959, while driving alone in his 1953 Chevrolet pickup truck in a westerly direction over the main line of defendant's railroad at the unincorporated village of Burnham, Howell County, Missouri, when the truck was struck at 4:30 o'clock p. m., by a southbound freight train consisting of diesel engine, seven cars and a caboose.

The petition pleaded primary negligence. The...

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