Giambelluca v. Missouri Pacific Railroad Company

On Motion for Rehearing or, in the Alternative, to Transfer to Court en Banc.

As may be noted in reading the opinion,, we refuse to hold as a judicial admission plaintiff’s own testimony that the legs designed to support the rack were loose and’ that nobody used the hoist to raise the-rack and load, the testimony carrying the inference that the rack and load had been supported by the cables of the hoist from Kansas City to Sugarland. This ruling,, says movant-appellant, is erroneous and in conflict with the well-established rule restated in Smith v. Siercks, Mo.Sup., 277 S.W.2d 521, at page…