Larey v. Missouri-Kansas-Texas Railroad

* NOTE: Opinion filed at May Term, 1933, August 3, 1933; motion for rehearing filed; motion overruled August 24, 1933; motion to transfer to Court en Banc filed; motion overruled at September Term, October 19, 1933. This is an action for damages for personal injuries, sustained when plaintiff's Model T. Ford met defendant's switch engine on a grade crossing. Plaintiff received a verdict for $11,500. and from the judgment entered thereon defendant appealed. Before the introduction of any evidence, plaintiff dismissed all the charges of primary negligence and announced that he expected to go to…