Wolverton v. Kurn

This is an action for damages for personal injuries. Plaintiff had verdict and judgment for $3000. Appeal was taken to the Springfield Court of Appeals which reversed and remanded the cause, but on dissent of one of the Judges (who considered outright reversal necessary) it was certified here. [Wolverton v. Kurn, 149 S.W.2d 62.]

Plaintiff's case was submitted solely upon humanitarian negligence. Defendants contend that no case was made for the jury. The following facts appear from [639] the evidence considered most favorably to plaintiff. Defendants' train struck the wagon, in which plaintiff…