OGLESBY v. VONDER HAAR CONCRETE COMPANY

No. 49880.

372 S.W.2d 876 (1963)

Ida Shatro OGLESBY, Appellant, v. VONDER HAAR CONCRETE COMPANY, Respondent.

Supreme Court of Missouri, Division No. 1.

December 9, 1963.


Attorney(s) appearing for the Case

James B. Herd and Deeba, DeStefano, Sauter & Herd, St. Louis, for appellant.

Walter F. Timm, James E. McDaniel, McDonald, Barnard, Wright & Timm, St. Louis, for respondent.


COIL, Commissioner.

Leroy Shatro was killed as a result of a cave-in of a dirt bank in an excavation where he was working as an employee of the St. Louis County Highway Department. His widow claimed $25,000 as damages for his wrongful death from respondent whose driver delivered ready-mixed concrete to the excavation site. We shall refer to the parties as they were designated below.

At the close of plaintiff's evidence, the trial court directed a verdict for...

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