Grace v. Smith

HOLLINGSWORTH, Judge.

Plaintiff, administrator of the estate of Oda Grace, deceased, sued defendants, Wabash Railroad Company, a corporation, L. A. Smith, its engineer, and C. T. Schmidt, its fireman, for th-e wrongful death of Mrs. Grace, when a car in which she was riding was struck by a Wabash train at a public crossing in the City of Sturgeon, Missouri. The jury discharged Smith and Schmidt but found a verdict against the Wabash in the amount of $5,000, and judgment was so entered.

The Wabash appealed to the Kansas City Court of Appeals, which affirmed the judgment of the trial court. See…