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McGUIRE v. STEEL TRANSP. CO

No. 41448.

225 S.W.2d 699 (1950)

McGUIRE v. STEEL TRANSP. CO., Inc., et al.

Supreme Court of Missouri, Division No. 2.

January 9, 1950.

Attorney(s) appearing for the Case

J. D. James, Hogsett, Trippe, Depping, Houts & James, Kansas City, for appellant Beeson.

Thomas C. Swanson, K. L. Stockman,

Kansas City, for respondent.

BARRETT, Commissioner.

The plaintiff, Nathan McGuire, and another Iowa boy, Hearn, "hitchhiked" a ride in Byron C. Beeson's 1946 Chevrolet truck. They rode in the truck bed, covered with a tarpaulin, with their heads toward the cab. It was dark and raining and the boys were asleep. The truck was traveling in a northerly direction on concrete Highway 71 By-Pass in Jackson County at a speed of 30 to 35 miles an hour. As it proceeded around an upgrade

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