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MOSS v. MINDLIN'S

No. 45108.

301 S.W.2d 761 (1956)

Lawrence MOSS, Respondent, v. MINDLIN'S, Incorporated, a Missouri Corporation, Appellant.

Supreme Court of Missouri. Division No. 1.

Transferred January 14, 1957.

Remanded May 13, 1957.

Attorney(s) appearing for the Case

Richard H. Beeson, David P. Dabbs, Dean F. Arnold, Kansas City, for appellant.

Lyman Field, Rogers, Field, Gentry & Jackson, Marvin P. Richmond, Kansas City, Charles L. Carr, Kansas City, of counsel, for respondent.

Transferred to Court en Banc January 14, 1957.

Remanded in Division No. 1 May 13, 1957.

COIL, Commissioner.

Lawrence Moss was injured when he fell on the floor of Mindlin's, Inc., a retail store in Kansas City, shortly after he had departed from an elevator. He obtained a judgment for $50,000 and Mindlin's appealed therefrom.

Plaintiff's evidence was that defendant's employee pushed a hand truck (referred to as a dolly) into plaintiff's right...

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