FINDLEY v. ASHER

No. 47531.

334 S.W.2d 70 (1960)

Emmet Glenn FINDLEY, Alice Jean Findley, Nancy Fay Findley and Richard Allen Findley, Minors, by Their Legal Guardian, Joanna L. Thompson, and Jackie Leroy Findley, Respondents, v. Billy Max ASHER, Appellant.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied April 11, 1960.


Attorney(s) appearing for the Case

Brown, Douglas & Brown, R. A. Brown, St. Joseph, for appellant Billy Max Asher.

Stephens & Thackery, Grant City, Ewing and Beavers, Maryville, for respondents.


HYDE, Presiding Judge.

Action for wrongful death of plaintiffs' mother from a skull fracture sustained in a collision of automobiles. Plaintiffs had verdict (by nine jurors) and judgment for $10,000 and defendant has appealed.

The case was submitted on humanitarian negligence on the theory that defendant "could have sufficiently slackened the speed of his said automobile and sufficiently changed the course" thereof so as to have prevented striking deceased...

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