DIXON v. CAMPBELL SIXTY-SIX EXPRESS, INC.

No. 46811.

321 S.W.2d 473 (1959)

Oliver L. DIXON, Plaintiff-Respondent, v. CAMPBELL SIXTY-SIX EXPRESS, INC., a Corporation, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied March 9, 1959.


Attorney(s) appearing for the Case

Hale W. Brown, Kirkwood, for plaintiff-respondent.

F. X. Cleary, C. M. Kirkham, Moser, Marsalek, Carpenter, Cleary, Jaeckel & Hamilton, St. Louis, for defendant-appellant.


HYDE, Presiding Judge.

Action for damages for personal injuries. Plaintiff had judgment for $15,000 and defendant has appealed.

Defendant contends the court erred in overruling its motion for a directed verdict at the close of all the evidence, on the ground that "in failing to see defendant's vehicle until he was only 25 feet from it, when by his own testimony he could have seen it 200 to 250 feet away, in time to have stopped his truck or to have changed...

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