West v. St. Louis-San Francisco Railway Company

DALTON, Judge.

Action for damages for personal injuries and property damage sustained December 16, 1950, when defendant’s eastbound passenger train struck plaintiff’s southbound “pickup” truck on a public crossing in Leasburg, Missouri. The action was instituted August 11, 1954, in the Circuit Court of Crawford County. The cause was submitted solely on negligence under the humanitarian doctrine in failing to warn of the approach of the train or slacken its speed after defendant’s trainmen saw or by the exercise of ordinary care could have seen plaintiff in a position of imminent peril of the…