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SNYDER v. JENSEN

No. 44678.

281 S.W.2d 802 (1955)

Ray SNYDER, Respondent, v. Dr. Leland JENSEN and Oral H.McCubbin, Administrator of the Estate of Edward Pace, Deceased, Appellants.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing or to Transfer to Denied and Opinion Modified on Motion September 12, 1955.

Attorney(s) appearing for the Case

Charles F. Hamilton, J. C. Jaeckel, Moser, Marsalek, Carpenter, Cleary & Carter, St. Louis, for appellant, Dr. Leland Jensen.

Wilbur C. Schwartz, St. Louis, for appellant Oral H. McCubbin, Administrator of the Estate of Edward Pace, Deceased, Joseph Nessenfeld, St. Louis, of counsel.

Barnhart, Wood & Bransford, Cleo V. Barnhart, St. Louis, for plaintiff-respondent, Ray Snyder.

Motion for Rehearing or to Transfer to Court en Banc Denied and Opinion Modified on Courts Own Motion September 12, 1955.

COIL, Commissioner.

On February 8, 1953, at about 9:30 a. m., two automobiles and a truck were involved in an accident on east-west Highway 166 (22'-wide black-top on which was a white center line, with red clay and rock hardpacked 10' shoulders on each side) between Joplin and Springfield. Respondent Ray Snyder (herein called plaintiff...

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