Fugate v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

McDowell, judge.

This action is for personal injuries sustained by plaintiff October 12, 1959, while driving alone in his 1953 Chevrolet pickup truck in a westerly direction over the main line of defendant’s railroad at the unincorporated village of Burnham, Howell County, Missouri, when the truck was struck at 4:30 o’clock p. m., by a southbound freight train consisting of diesel engine, seven cars and a caboose.

The petition pleaded primary negligence. The answer denied the allegations of negligence and affirmatively pleaded contributory negligence. The issues were submitted to the jury…