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

The judgment herein was based on the Federal Employers' Liability Act. It is an action for damages for personal injuries resulting in the death of plaintiff's intestate, caused by a collision between two trains operated by defendant. The petition comprised three counts, but the third count passes from consideration as it was dismissed by plaintiff at the close of the evidence. The first count prays damages for expense, loss of earnings and conscious pain and suffering of deceased from date of injury, to-wit, June 15, 1923, to date of death, to-wit, November 23, 1923. The second count asks…