Scott v. Kurn

Appellant, plaintiff below, filed this suit to recover $50,000 in damages for personal injuries alleged to have been sustained when a passenger train of respondent, Frisco Railway Company, collided with a truck, driven by plaintiff, at a grade crossing in Cuba, Missouri. A trial resulted in a verdict and judgment for defendants and plaintiff appealed. Defendants, James M. Kurn and John G. Lonsdale, are trustees of the defendant, St. Louis-San Francisco Railway Company.

Appellant charged the defendants with primary negligence consisting mainly in the failure to give the statutory warning…