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FENNEREN v. SMITH

No. 46711.

316 S.W.2d 602 (1958)

Hermie FENNEREN, Plaintiff-Respondent, v. Walter Lee SMITH, A. H. Mainard, and R. L. Shifflett, d/b/a S. and W. Quarries, Defendants-Appellants.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing or to Transfer Denied October 13, 1958.

Opinion Modified on Motion October 13, 1958.

Attorney(s) appearing for the Case

L. M. Crouch, Jr., Robert W. Spangler, Elvin S. Douglas, Jr., Crouch, Crouch & Spangler, Harrisonville, Pine & Dixon, Warrensburg, for appellants.

J. William Blackford, Blackford, Imes, Compton & Brown, Kansas City, for respondent.

Motion for Rehearing or to Transfer to Court En Banc Denied October 13, 1958.

Opinion Modified on Court's Own Motion October 13, 1958.

VAN OSDOL, Commissioner.

Plaintiff, Hermie Fenneren, sought recovery of $35,000 damages in this action for personal injuries against defendant, Walter Lee Smith, and Smith's employers, defendants A. H. Mainard and R. L. Shifflett. Plaintiff was injured when defendants' 1949-model Reo "dump truck" loaded with gravel...

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