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GITTERMAN v. DANELLA

No. 48667.

356 S.W.2d 52 (1962)

Annie GITTERMAN, Respondent, v. Andy E. DANELLA, doing business as ABC Exterminators, and Charles "Chuck" Taylor, Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied April 9, 1962.

Attorney(s) appearing for the Case

Lucian Lane, John Murphy, Kansas City, for appellants; Tucker, Murphy, Wilson, Lane & Kelly, Kansas City, of counsel.

Arthur C. Popham, Kansas City, for respondent; Ira K. Witschner, Popham, Thompson, Popham, Trusty & Conway, Kansas City, of counsel.

Motion for Rehearing or to Transfer to Court en Banc Denied April 9, 1962.

COIL, Commissioner.

Annie Gitterman sought $100,000 as damages for alleged personal injuries sustained as a result of defendants' averred negligence in spraying a store to exterminate insects. The jury found for defendants. Plaintiff was awarded a new trial on the ground that the trial court erred in giving contributory negligence instruction 9. Defendants have appealed and contend...

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