DE LAY v. WARD

No. 43903.

262 S.W.2d 628 (1953)

DE LAY v. WARD.

Supreme Court of Missouri. En Banc.

Rehearing Denied December 14, 1953.


Attorney(s) appearing for the Case

Ward & Reeves, Caruthersville, for appellant.

Limbaugh & Limbaugh, Cape Girardeau, for respondent.


DALTON, Judge.

This is an action for damages for personal injuries sustained by plaintiff, a three year old child, when she was struck and injured by an automobile operated by defendant. The cause was submitted solely upon humanitarian negligence in failing to slacken speed, swerve or warn. Verdict and judgment were for plaintiff for $2,000.

Defendant took an appeal to the Springfield Court of Appeals and that court ordered the judgment reversed and judgment...

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