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BIRMINGHAM v. COEN

No. 46647.

320 S.W.2d 509 (1959)

Bernard M. BIRMINGHAM, Appellant, v. Oscar Otto COEN et al., Respondents.

Supreme Court of Missouri. Division No. 2.

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

Attorney(s) appearing for the Case

Thaine Q. Blumer, Ralph O. Wright, Blumer & Wright, Kansas City, for appellant.

Robert G. Oberlander, George T. O'Laughlin, Kuraner, Freeman, Kuraner & Oberlander, Kansas City, for respondents.

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

BARRETT, Commissioner.

The plaintiff, Bernard M. Birmingham, was traveling south on Troost Avenue in his 1954 Ford automobile; he was following a streetcar and when the streetcar stopped at Twenty-eighth Street he stopped his automobile to the right and rear of the streetcar. As he was stopped a dump truck, loaded with sand, struck the rear of his Ford automobile. Mr. Birmingham...

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