Phillips v. St. Louis-San Francisco Railway Co.

Action for personal injuries resulting from the collision of an automobile with defendant’s engine at a public crossing in Valley Park. Judgment for $24,500. Defendant appealed.

The petition alleged specific negligence, including a charge that defendant saw, or could have seen, plaintiff in imminent peril in time, by the exercise of ordinary care, to have reduced the speed of the engine, stopped the same, or sounded a warning and thereby avoided the collision. The answer was a general denial with pleas of contributory negligence. Plaintiff replied by general denial. The case was submitted…