Mo. Pac. Railroad Co., Thompson v. Binkley

Appellee, Otis Binkley, sued appellant for damages to bis automobile wbicb was struck by one of appellant’s trains at about 4 p. m., January 27, 1944, on wbat is known as Virgil McClain’s crossing near Walnut Bidge. Tbe only allegations of negligence relied upon were that appellant “was negligent in covering tbe approach to said railroad crossing with gumbo, which is commonly known to be slick when wet and would make a slippery and dangerous crossing and in allowing the space between the rails to become hollowed out, making a depression or trap for the wheels of a car,” and “because of the…