BROOKS v. STEWART

No. 47710.

335 S.W.2d 104 (1960)

Harry BROOKS, Respondent, v. Cloid F. STEWART, Appellant.

Supreme Court of Missouri, Division No. 1.

May 9, 1960.


Attorney(s) appearing for the Case

Powell & Jones, Dexter, for appellant.

Briney & Welborn, Bloomfield, McHaney & McHaney, Kennett, for respondent.


DALTON, Judge.

This is an action for $25,000 damages for the wrongful death of plaintiff's wife. Verdict and judgment were for defendant, but the court set the judgment aside and granted plaintiff a new trial for error in giving defendant's Instruction No. D-5. Defendant has appealed.

Late in the afternoon of January 18, 1956, while snow was falling, plaintiff accompanied by his wife was driving his 1955 Plymouth automobile in a southerly direction on the...

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