Henderson v. Terminal Railroad Ass'n of St. Louis

SIMON, Judge.

Appellants, Timothy Henderson (Timothy), a minor, his father and next friend, James Henderson, and his mother, Magnolia Henderson, appeal from a post-trial order of the Circuit Court of the City of St. Louis. Appellants filed this action against respondent, Terminal Railroad Association of St. Louis (Terminal), alleging that Terminal’s freight train traumatically amputated Timothy’s left forefoot. Appellants’ cause was submitted to the jury on two theories of negligence: (1) Section 339 Restatement of Torts 2d (1965 Revision), the attractive nuisance doctrine, and (2) the…