Kirkpatrick v. Wabash Railroad Co.

[765] Respondent-plaintiff recovered a judgment for -$8,000 against appellant-defendant, Wabash Railroad Company, for the death of her husband which resulted on the afternoon of July 20,1946, when the truck he was driving east was struck by defendant’s northbound freight train on the Hamilton Street crossing in Kirksvalle, Missouri. From that judgment defendant has appealed..At the outset we are confronted with plaintiff’s motion tp dismiss the- appeal. As ground for such motion plaintiff contends defendant’s statement of the case in its brief “is intermingled with argument and with…