EZELL v. KANSAS CITY

No. 43248.

260 S.W.2d 248 (1953)

EZELL v. KANSAS CITY.

Supreme Court of Missouri, Division No. 1.

July 13, 1953.


Attorney(s) appearing for the Case

Morris Dubiner, Robert E. Gregg, Thomas E. Hudson, Hudson, Whitcraft & Cavanaugh, Kansas City, for appellant.

David M. Proctor, City Counselor, John J. Cosgrove, Associate City Counselor, Kansas City, for respondent.


VAN OSDOL, Commissioner.

This is an appeal from a judgment upon verdict for defendant in an action for $10,000 damages for personal injuries allegedly sustained by plaintiff when the right front wheel of an automobile in which plaintiff was riding and which was being driven by plaintiff's husband went into a hole or opening in the surface of Myrtle Avenue, a public street in Kansas City.

Herein plaintiff-appellant complains of Instructions Nos. 8 and 9, given...

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