Rose v. Thompson

This is an action for $25,000 damages on account of severe personal injuries suffered by plaintiff when the stalled automobile in which he was seated was struck by one of defendant's trains. After a jury returned a verdict for defendant, plaintiff moved for a new trial, the motion was sustained, and defendant appealed.

The petition alleged that plaintiff "was a passenger in and was seated in an automobile which was standing stalled on one of the tracks of the defendant at the intersection of said track with Geyer Road" in Kirkwood, Missouri, and that the automobile was struck by defendant's…