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ALLEN v. HAYEN

No. 46717.

320 S.W.2d 441 (1959)

Walter E. ALLEN, Administrator of the Estate of Esther Lucille Wilson, Deceased, Respondent, v. Arthur Lewis HAYEN, Appellant.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing or to Transfer Denied February 9, 1959.

Attorney(s) appearing for the Case

Errol Joyce, Brookfield, Ronald L. Somerville, Lloyd A. Cleaveland, Chillicothe, for appellant.

Bollow, Crist & Oswald, Thomas R. Oswald, Shelbina, James J. Wheeler, Keytesville, for respondent.

Motion for Rehearing or to Transfer to Court en Banc Denied February 9, 1959.

HOLLINGSWORTH, Judge.

As he sat, apparently in a stupor, upon U. S. Highway 36, on the night of October 21, 1954, Leone Wilson, hereinafter referred to as "decedent", was instantly killed when struck by a westbound automobile owned and driven by defendant. Decedent was survived by his widow, Esther Lucille, and three minor children. On April 14, 1955, Mrs. Wilson instituted this...

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