Vandergriff v. Missouri Pacific Railroad

WELLIVER, Judge.

This is an appeal from a jury verdict for defendant Missouri Pacific Railroad following the death of Donald Vandergriff in a collision with a Missouri Pacific locomotive. The Court of Appeals, Eastern District, reversed. The Court of Appeals’ opinion held that plaintiff was entitled to the same presumption with reference to flasher lights that is accorded by § 389.990 RSMo 1986, relating to auditory or bell warnings. We granted transfer to examine the presumption indulged by the Court of Appeals. Since we decide as if on original appeal, Mo. Const, art. V, § 10, we will be…