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DULLEY v. BERKLEY

No. 45689.

304 S.W.2d 878 (1957)

Mrs. Stone DULLEY, Appellant, v. Hugh BERKLEY, d/b/a Berkley Plumbing & Heating, and Richard R. Wilson, d/b/a Wilson Excavating Company, Respondents.

Supreme Court of Missouri. Division No. 1.

Opinion Modified on Motion September 9, 1957.

Motion for Rehearing or to Transfer Denied September 9, 1957.

Attorney(s) appearing for the Case

Fred J. Freel, John R. Baty, Kansas City, for appellant.

Harold L. Holliday, Kansas City, and Douglas Stripp, Melvin J. Spencer, Kansas City, Watson, Ess, Marshall & Enggas, Kansas City, of counsel, for respondent Hugh Berkley.

Clyde J. Linde, Robert B. Langworthy, Billy S. Sparks, Kansas City, Langworthy, Matz & Linde, Kansas City, of counsel, for respondent Richard R. Wilson.

Opinion Modified on Court's Own Motion September 9, 1957.

Motion for Rehearing or to Transfer to Court en Banc Denied September 9, 1957.

HOLMAN, Commissioner.

Action by plaintiff, Mrs. Stone Dulley, to recover damages in the sum of $15,000 for the death of her husband, Stone Dulley, which occurred in Kansas City, Missouri, on December 16, 1953. Mr. Dulley was killed while working in a ditch that was being excavated for the purpose of laying a sewer...

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