DANIELS v. SMITH

No. 46928.

323 S.W.2d 705 (1959)

D. C. DANIELS, Plaintiff-Respondent, v. Audrie F. SMITH, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

May 11, 1959.


Attorney(s) appearing for the Case

John D. Hasler, St. Louis, for defendantappellant.

Joseph D. Feigenbaum and Max M. Librach, St. Louis, for respondent.


DALTON, Judge. Action for damages for personal injuries alleged to have been sustained when plaintiff, a pedestrian in a public street, was struck by defendant's automobile and severely injured. The cause was submitted solely on defendant's alleged humanitarian negligence in failing to swerve the automobile sufficiently to avoid striking the plaintiff. Verdict and judgment were for plaintiff for $20,000 and defendant has appealed.

Error is assigned on the court's...

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