Pinkley v. Missouri-Illinois R.R. Co.

This is an action.for damages brought by the administrator of the estate of Andrew Pinkley, to recover for the death of said Pinkley, when he was struck by one of defendant’s trains at a railroad crossing in the town of Flat Eiver, Missouri.

There were several assignments of negligence in the petition, but plaintiff requested and was given an instruction only on the humanitarian doctrine, thereby, abandoning all other assignment of negligence set out in the petition. The case, therefore, went to the jury upon the question of whether or not the defendant knew,' or by the exercise of ordinary…