Tri-State Gas Co. v. Kansas City Southern Railway Co.

GERALD M. SMITH, Special Judge.

Appellant, Tri-State Gas Company, appeals from the action of the Circuit Court in entering a summary judgment against it in its negligence action against respondent Kansas City Southern Railway Company.

A Kansas City Southern train was approaching Noel, Missouri, on August 3, 1969, with a load of explosives, when the cars became ignited. The train proceeded on along the main track until it reached a point adjacent to Tri-State’s premises. The train stopped at that point and a violent explosion occurred, causing extensive damage to Tri-State’s property, a plant…