Missouri Pac. R.R., Thompson, Trustee v. King

At about 9 o’clock on the night of September 25, 1938, a southbound passenger train of the Missouri Pacific Railroad Company ran over and severed appellee’s foot. He recovered judgment in the sum of $15,000 to compensate the injury, and from that judgment is this appeal.

The injury occurred at the Third street crossing in the town of Beebe. It is not questioned that appellee was guilty of contributory negligence, but the cause was tried upon the theory that the negligence of the railroad company was greater than appellee’s negligence. This issue was submitted to the jury under an instruction…