BROOKS v. RUBIN

No. 45247.

293 S.W.2d 295 (1956)

Larry Ernest BROOKS, an Infant, by His Next Friend, Harry E. Brooks, Appellant, v. Joseph S. RUBIN and Israel D. Rubin, Respondents.

Supreme Court of Missouri. Division No. 1.

Rehearing Denied September 10, 1956.


Attorney(s) appearing for the Case

Thomas M. Sullivan, Hugh B. Downey, Downey, Abrams & Sullivan, Kansas City, for appellant.

Henry W. Buck, William A. Rundle, Jr., Roger T. Hurwitz, Kansas City, for respondent S. Rubin. Morrison, Hecker, Buck, Cozad & Rogers, Kansas City, of counsel.

Roger T. Hurwitz, Kansas City, for respondent Israel D. Rubin.


COIL, Commissioner.

Larry Brooks, 15 years old at the time, was grievously injured by a fall when, on October 4, 1951, a 2"x4" railing on which he was sitting, at the landing of an outside back stairway at 4634-38 Troost in Kansas City gave way. At the close of all the evidence in his action for $200,000 damages, through his father as next friend, the trial court directed a verdict for defendants. Plaintiff below has appealed from the ensuing judgment.

As...

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