Missouri Pac. Rd. Co., Thompson, Tr. v. Howell

On October 21, 1938, the appellees, 1). M. Howell and the American Insurance Company filed complaint against the appellants, Missouri Pacific Railroad Company and Guy A. Thompson, trustee, alleging that on December 20, 1937, about 8:30 o’clock p. m., at a point between Cherry Valley and Vandale, Cross county, one of the railroad company’s passenger trains ran into and destroyed a 1935 model Ford pick-up truck of the value of $425. It was alleged that the operators of the train failed to exercise proper and ordinary care in the operation of same, were operating it at an excessive rate of…