BINION v. ARMENTROUT

No. 47447.

333 S.W.2d 87 (1960)

James BINION, Appellant, v. Dean ARMENTROUT, Respondent.

Supreme Court of Missouri, Division No. 1.

March 14, 1960.


Attorney(s) appearing for the Case

William R. Kirby, Louis Beck, St. Louis, for appellant.

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


HOLMAN, Commissioner.

In this action plaintiff sought to recover the sum of $50,000 for personal injuries sustained when he was struck by defendant's automobile. A trial resulted in a verdict for defendant. Plaintiff has duly appealed from the ensuing judgment.

In September 1955 James Simmons and his wife were living separate and apart with Simmons living in St. Louis and his wife in Mississippi. Plaintiff James Binion also lived in St. Louis and Simmons'...

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