State Ex Rel. Thompson v. Shain

John Rosanbalm, Administrator of the Estate of Herbert Rosanbalm, deceased, brought suit in the Circuit Court of Johnson County against Guy A. Thompson, Trustee in bankruptcy of the Missouri Pacific Railroad Company, a corporation, to recover damages for the death of plaintiff’s intestate. From a judgment for the plaintiff defendant appealed to the Kansas City Court of Appeals. That court held that the evidence was sufficient to warrant the submission of the case to the jury but reversed and remanded because of an alleged error in an instruction given by the trial court at the request of the…