Seward v. Terminal RR Assn.

HOLSTEIN, Judge.

Plaintiff Paul Robert Seward entered an opening in an abutment on Eads Bridge, fell almost twenty feet to the rail deck below and was injured. The plaintiff brought suit against defendant Terminal Railroad. The jury found damages of $1,100,000 and assessed plaintiff’s comparative fault at 64%. Judgment was entered for $396,000. The defendant appealed to the Missouri Court of Appeals, Eastern District. Following opinion, this Court granted transfer. Rule 83.03. The judgment is reversed.

The top level of Eads bridge is a highway for automobiles. Beneath the highway is a rail…