Kansas City Southern Railway Co. v. St. Louis-San Francisco Railway Co.

HIGGINS, Commissioner.

Appeal (taken prior to January 1, 1972) from judgment for defendant and against plaintiff on plaintiffs petition for $155,077.60 damages.

Plaintiff’s southbound freight train and defendant’s eastbound switch engine collided at a crossing and intersection of rail tracks of the two railways at the “South Frisco Crossing” in Joplin, Missouri, February 12, 1965. Plaintiff sustained damages of $155,077.60, for which it brought this suit alleging both primary and humanitarian negligence against defendant. Defendant’s answer alleged plaintiff’s contributory negligence and a…