Giseburt v. Chicago, Burlington & Quincy Railroad

HOFFMAN, JUSTICE.

This is a personal injury action brought by plaintiff for injuries he received when struck by one of defendant’s trains at a grade crossing.

The accident occurred within the city limits of St. Joseph, Missouri near the hour of 6:00 p. m. on the evening of October 16, 1959. The grade crossing consisted of 3 sets of tracks across which plaintiff was driving when he was struck by one of defendant’s passenger trains traveling approximately 79 miles per hour. The crossing was only protected by a watchman. The facts were disputed as to his exact presence and as to how obstructed the…