Kelly v. Terminal Railroad Ass'n of St. Louis

LEEDY, Judge.

Action for $35,000 damages for personal injuries alleged to have been sustained by plaintiff when the automobile in which he was riding as a guest of the driver-owner was struck by defendant’s Diesel switch engine (and cut of cars) at a public crossing in the City of St. Louis. Verdict and judgment went for defendant, and, after an unavailing motion for new trial, plaintiff appealed. The points briefed relate to the giving of defendant’s sole cause instruction, the admissibility of certain evidence, and the closing argument of defendant’s counsel.

Plaintiff submitted his case upon…