FISHER v. GUNN

No. 43927.

270 S.W.2d 869 (1954)

Jasper H. FISHER, Plaintiff-Respondent, v. Darrell G. GUNN, Defendant-Appellant.

Supreme Court of Missouri. Division No. 1.

September 13, 1954.


Attorney(s) appearing for the Case

Horace F. Blackwell, Jr., William H. Bates, Lathrop, Righter, Blackwell & Parker, Kansas City, for appellant.

John W. Schwartz, Hale Houts, J. D. James, Hogsett, Houts & James, Kansas City, for respondent.


COIL, Commissioner.

Plaintiff-respondent obtained a $12,500 verdict and judgment for personal injuries and property damage allegedly resulting from defendant-appellant's negligence. Plaintiff submitted his case solely on defendant's alleged humanitarian negligence in failing to slacken or swerve. Defendant now contends that: Plaintiff failed to make a submissible case; the court erred in excluding evidence and in giving an instruction; and the judgment is excessive...

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