STEWART v. ZUELLIG

No. 47483.

336 S.W.2d 399 (1960)

Donald STEWART, a Minor, by and Through Donald Stewart, Sr., His Father and Next Friend, Appellant, v. Joseph ZUELLIG and Catherine Zuellig, Respondents.

Supreme Court of Missouri, Division No. 1.

June 13, 1960.


Attorney(s) appearing for the Case

Louis Beck, Douglas MacLeod, St. Louis, for appellant.

Schwartz, James & Sweet, Harry M. James, St. Louis, Joseph Nessenfeld, St. Louis, of counsel, for respondents.


DALTON, Judge.

Action for $50,000 damages for personal injuries alleged to have been sustained by plaintiff, a 29-months-old child, by reason of defendants' alleged negligence in repairing a rear porch causing plaintiff to fall to the sidewalk below. At the close of plaintiff's evidence, the court directed a verdict for defendants and judgment was entered thereon. Plaintiff has appealed. The sole issue is whether or not the court erred in directing the verdict for...

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