White v. Southern Pacific Co.

BARRETT, Commissioner.

The question for determination upon this appeal is whether, as indicated by the trial court’s sustaining the respondent railroad’s motion and dismissing the appellant’s petition, the maintenance of this particular action in a Missouri court -constitutes an undue burden on interstate commerce.

The plaintiff, Jennie White, a resident of Missouri, was a passenger on the Southern Pacific’s train, on March 4, 1963, when it “left the track” near Northridge, California. To recover $30,000 damages for her resulting injuries Jennie instituted this action in the Circuit Court of…