Whitaker v. Pitcairn

The plaintiff-respondent recovered judgment against the appellants-defendants receivers of the Wabash Railway Company for $23,333.33 damages for personal injuries sustained while he, as head brakeman, was riding on the locomotive of freight train No. 98 which turned over 2~y2 miles east of Moberly, Missouri on June 27, 1939. It is uneontroverted now that one of the probable causes of the derailment was a very heavy rainfall earlier that night, which had washed out the ballast under the ties and a rail of the track. Respondent’s petition alleged he did not know the cause of the wreck and…