Mullis v. Thompson

Action for injuries to person and to property. A jury returned a verdict awarding [943] damages in the aggregate sum of $18,800. Defendant has appealed from the ensuing judgment.

Defendant's train, an engine and five coaches, coming from the west, struck plaintiff's 1936 Chevrolet 1½-ton truck at the Holden Street crossing at Warrensburg.

Plaintiff had pleaded primary negligence and negligence under the humanitarian rule but his case was submitted to the jury only on issues of primary negligence, (1) in failing to sound a whistle or ring a bell, warning of the train's approach; and (2) in…