Willig v. Chicago, Burlington & Quincy Railroad

The appeal in this case was originally taken to the St. Louis Court of Appeals where it was heard twice. On the first hearing the judgment of the circuit court was affirmed in a unanimous opinion by the Court of Appeals. A rehearing was granted and the judgment was again affirmed, the opinion being written by BENNICK, Commissioner, and adopted by the court, but by a divided vote, BECKER, and McCULLEN, JJ., concurring and HOSTETTER, J., dissenting on the ground that he deemed the decision contrary to the decision of this court in Tanner v. Mo. Pac. Ry. Co., 161 Mo. 497, 61 S.W. 826, and…