McNiff v. Missouri Pacific Railroad

CLEMENS, Presiding Judge.

Wrongful death action by widower arising from a railroad-crossing collision between defendant’s train and an automobile driven by plaintiff’s decedent. Verdict was for defendant and plaintiff appeals from the adverse judgment.

Plaintiff contends on appeal that the trial court erred in orally directing the jury to disregard previous erroneous comments by plaintiff’s counsel about the lack of gates. Plaintiff contends the court’s comment was an instruction on the law, which could properly be given only by a written instruction.

The collision occurred in Kirkwood, St.…