ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY v. Witty

CORN, Vice Chief Justice.

This is an action by plaintiff, Jim Witty, administrator of the estate of Sammie Fish, deceased, against the St. Louis-San Francisco Railway Company, a corporation, and George B. Willis and S. C. Cole, defendants. The parties will be referred to herein as they appeared in the trial court, and Sammie Fish as deceased.

The plaintiff, in substance, alleged in his petition that the deceased was killed by the impact of the train against the body of said deceased due to the negligence of the defendant’s agents and servants in that the speed of the train was excessive and…