Gardner's Masonry Contractors, Inc. v. St. Louis-San Francisco Railway Co.

The plaintiff Gardner’s Masonry Contractors, Inc. sued St. Louis-San Francisco Railway Co. and its employee, J. W. Hart, for property damages to a material hoisting vehicle (hereinafter called a ‘ ‘ Sky-trak”), which was struck by the defendant company’s switch engine during a switching operation on a spur track on January 12,1966.

The lawsuit was first tried on February 19,1968 when the Trial Judge directed a verdict in favor of the defendants. On motion for a new trial filed by the plaintiff, the Trial Judge granted the motion and ordered a new trial. The defendants duly excepted to the…