Anna Baxter v. Missouri-Kansas-Texas Railway Company

STEPHENSON, Circuit Judge.

This suit arises out of the death of James Jewell Baxter. He was killed when the automobile he was driving collided with the engine of a train owned and operated by the defendant, the Missouri-Kansas-Texas Railway Company. The case was tried to a jury. The railway has appealed from the $25,000 judgment entered against it pursuant to the jury verdict.

The accident took place at about 11:00 p. m. on March 10, 1968 at a grade crossing maintained by the defendant on Route HH in Montrose, Missouri. The general area was a familiar one to Baxter. The defendant maintains two…