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VAIL v. THOMPSON

No. 41660.

232 S.W.2d 491 (1950)

VAIL v. THOMPSON.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer to Overruled September 11, 1950.

Attorney(s) appearing for the Case

Richard H. Beeson, David P. Dabbs and Dean F. Arnold, Kansas City, for appellant.

E. E. Thompson, Eugene R. Brouse, and Sam Mandell, Kansas City, for respondent. Popham, Thompson, Popham, Mandell & Trusty, Kansas City, of counsel.

Motion for Rehearing or to Transfer to Court en Banc Overruled September 11, 1950.

HYDE, Judge.

Action for damages for wrongful death of plaintiff's husband in Kansas. Plaintiff had verdict and judgment for $10,000.00. Defendant has appealed. The principal question is whether plaintiff made a jury case under the Kansas last clear chance rule. On this issue, we will not consider defendant's evidence as there is nothing in it to aid plaintiff.

Plaintiff...

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