Leavell v. Thompson

— Hallie Leavell, plaintiff below, sued Guy A. Thompson, Trustee of the Missouri Pacific Bailroad Company, a corporation, defendant, for damages resulting from injuries received by him when his motor car, which he was operating, was struck by one of defendant’s trains. From a verdict and judgment in favor of plaintiff in the sum of $2500 defendant prosecutes this appeal.

Defendant offered no evidence but stood on demurrer which it urges in this appeal. In passing on the demurrer we will consider the evidence from a standpoint most favorable to plaintiff.

Plaintiff was a farmer, some thirty-four…