Draper v. Louisville Nashville Railroad Co.

This is an action for damages for personal injuries. Plaintiff obtained a verdict for $55,000. Defendant has appealed from the judgment entered.

Plaintiff was run over and his legs were cut off by defendant's switch engine at Louisville, Kentucky, in August, 1937. A suit was filed there and also in St. Louis in 1938. Defendant's answer contained a plea in abatement on the ground that this same cause of action was pending in the Circuit Court of Louisville, and a plea to the jurisdiction upon the ground that the prosecution of the cause in St. Louis would place an undue burden upon interstate…