Uber v. Missouri Pacific Railroad Company

VERNON W. MEYER, Special Judge.

Plaintiff widow appeals from a judgment of the trial court sustaining defendant’s motion to dismiss petition as to her. We affirm.

This action was instituted on the 21st day of February, 1968, by the filing of original plaintiffs’ petition in the Circuit Court of Jasper County, Missouri. Plaintiffs therein were Birdie Uber and Vernon Uber, widow and minor son of Dane Edward Uber. The petition alleged that on February 24, 1967, the defendant, through its employees, was operating a freight train in Jasper County, Missouri, when, as a direct result of the negligence…