Crain, Trustee v. St. Louis-San Francisco Ry.

In attempting to negotiate a grade crossing over appellees’ railroad appellant’s truck became stalled tbereon, and while in such position was struck and practically demolished by a southbound passenger train belonging to and being operated by appellees.

Action was brought in the court of common pleas of Osceola District of Mississippi county, and a trial resulted in a judgment in favor of appellant. Appellees appealed from said judgment to the circuit court, where a trial resulted in a verdict and judgment in favor of appellees, from which judgment this appeal is prosecuted.

The elements of…