Shelley v. Ozark Pipe Line Corporation

This cause was certified to this court by the Springfield Court of Appeals because of the dissenting opinion and request of Cox, P.J., on the theory that the majority opinion on the question ofres judicata is in conflict with Charles v. St. Louis M. S.E. Railroad Company, 124 Mo. App. 293, and Womach v. City of St. Joseph, 201 Mo. 467. For a full statement of the cause, see 2 S.W.2d 115. Only so much of the evidence and pleadings will be stated as we deem necessary to dispose of the issues presented.

Plaintiffs filed two cases against the defendant company. The first case is reported in 247…