State Ex Rel. Thompson v. Shain

Certiorari to the Kansas City Court of Appeals. Relator claims that the opinion of that court in the case of Benton, Admr., v. Thompson, Trustee, Mo. Pac. Ry. Co., 156 S. W. (2d) 739, conflicts with certain decisions of this court.

In this kind of proceeding we -do not decide the case on the merits, but are concerned only with conflict and look only to the opinion of the court of appeals for the facts. [State ex rel. Pub. Serv. Comm. v. Shain, 342 Mo. 867, 119 S. W. (2d) 220.]

The action grew out of a collision at a public crossing between a train operated by defendant and an automobile in…