Downing v. St. Louis-San Francisco Railway Co.

COX, P. J

— Action for damages for personal injury. Plaintiff recovered and defendant appealed.

Plaintiff was driving an automobile and approached defendant’s track at a crossing in or near the City of Kennett in Dunklin county. When the automobile got so near the track that the train could not pass without hitting it its engine died and the car stopped. The train was approaching the crossing at the time and struck plaintiff’s automobile and threw her out and caused the injury which is made the basis of this suit. Plaintiff’s evidence tended to show a cause of action under the humanitarian rule…