Fitzpatrick v. Kansas City Southern Railway Co.

This is an action under the compensatory section of the death statute (Section 3263, R.S. 1929, 5 Mo. Stat. Ann. 3371) for the death of Charles V. Fitzpatrick. Fitzpatrick was killed about 3:45 A.M., March 18, 1937, when the automobile, which he was driving, crashed into the side of a freight car in one of defendant's trains at a crossing in Kansas City, Missouri.

Plaintiff charged defendant with negligence in failing to give any warning that the crossing was obstructed. Defendant charged deceased with contributory negligence in operating his automobile at an excessive rate of speed under the…