CLARK v. ZUZICH TRUCK LINES

Nos. 23154, 23160.

344 S.W.2d 304 (1961)

Ivan CLARK, Jr., by his next friend, Ivan Clark, Plaintiff-Appellant, v. ZUZICH TRUCK LINES and William Simmons, Defendants-Respondents, v. WHITE MOTOR COMPANY, a corporation, Third Party Defendant-Appellant.

Kansas City Court of Appeals, Missouri.

February 6, 1961.


Attorney(s) appearing for the Case

Goldman & Goldman, St. Joseph, for appellant.

James H. Ottman, Kansas City, for respondent William Simmons.

Price Shoemaker, St. Joseph, for respondent Zuzich Truck Lines. Sebree, Shook, Hardy & Ottman, Shoemaker and Reital, of counsel.

Smith, Sherwood, Utz & Litvak, St. Joseph, for third party defendant-appellant.


SPERRY, Commissioner.

This is a damage suit growing out of a collision when an over-the-road tractor, being operated bobtail, swerved across Highway 71, in Platte County, and struck an oncoming automobile in which Ivan Clark, Jr., a baby, was a passenger, causing injuries to him and to William Simmons, the owner and operator of the tractor. Clark sued Simmons and Zuzich Truck Lines, Simmons' lessee and employer, and Simmons brought White Motor Company, hereafter referred...

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