Duke v. Missouri Pacific Railroad Company

BOHLING, Commissioner,

William Duke sued, the Missouri Pacific Railroad Company, a corporation, for $250,000 damages for personal injuries. The court sustained defendant’s motion for a directed verdict at the close of plaintiff’s evidence on the theory an intervening efficient cause was the proximate cause of plaintiff’s injuries. Plaintiff prosecutes this appeal.

In August, 1953, the City of St. Louis was rebuilding the Morganford bridge over defendant’s double tracks, which are in a cut at that point. The John Kalicak Construction Company, Inc., was the general contractor, and the Henry…