McDANIEL v. KERR

No. 43094.

258 S.W.2d 629 (1953)

McDANIEL v. KERR et al.

Supreme Court of Missouri, En Banc.

June 8, 1953.


Attorney(s) appearing for the Case

Clay C. Rogers, Lyman Field, Rogers, Field & Gentry, Kansas City (Cross & Cross, Lathrop, Forrest M. Hemker, St. Louis, of counsel), for appellant.

John H. Lashly, Lashly, Lashly & Miller, St. Louis, for (defendants) respondents.

Shughart & Thomson, Kansas City, amicus curiae for Zurich Gen. Acc. & Liability Ins. Co., Ltd., Continental Cas. Co., Indemnity Ins. Co. of North America, and United National Indemnity Co.

Popham, Thompson, Popham, Mandell & Trusty, Kansas City, amicus curiae for Standard Acc. Ins. Co., Commercial Standard Ins. Co., Employers Reinsurance Corp., and Truck Ins. Exchange.


DALTON, Judge.

Action for $100,000 damages for personal injuries and disease alleged to have been sustained on account of defendants' negligence. Verdict and judgment were for plaintiff for $20,000, but the court, on motion, set aside the verdict and judgment and entered judgment for defendants in accordance with defendants' motion for a directed verdict. Plaintiff has appealed.

In his petition, plaintiff alleged that he was employed by defendant, Boss Hotel...

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