State ex rel. Burlington Northern Railroad v. Forder

HIGGINS, Judge.

Relator seeks to prohibit Judge Forder from dismissing its third-party petition against a municipal corporation and its statutory engineer. This Court issued its preliminary rule in prohibition to examine whether the Circuit Court of St. Louis City exceeded its jurisdiction by its proposed order of dismissal of the defendant municipal corporations. The preliminary rule in prohibition is quashed.

Scott M. Brice and Glenda Brice, plaintiffs, sued Burlington Northern Railroad Company, and others, seeking damages for personal injuries sustained by Scott Brice in a railroad crossing…