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KIRKS v. WALLER

No. 48107.

341 S.W.2d 860 (1961)

David Paul KIRKS, a minor, by Peter C. Kirks, his next friend, Respondent, v. Alvin T. WALLER, Appellant.

Supreme Court of Missouri, Division No. 2.

January 9, 1961.

Attorney(s) appearing for the Case

John M. Kilroy (Shughart, Thomson, Stark & Kilroy, Caldwell, Blackwell, Oliver & Sanders, Kansas City, of counsel), for appellant.

Paul C. Sprinkle, Richard P. Sprinkle, and John P. Ryan (Sprinkle, Carter, Sprinkle & Larson, Kansas City, of counsel), for respondent.

BOHLING, Commissioner.

David P. Kirks, a minor, by his father as next friend, sued Alvin T. Waller for $50,000 damages for injuries received when struck by a truck operated by defendant. The jury returned a unanimous verdict for defendant. The court granted plaintiff a new trial for error in giving instruction No. 5. Defendant has appealed, and contends said instruction was not erroneous and that plaintiff failed to make a case on the submitted negligence that "defendant...

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