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GARDNER v. SIMMONS

No. 49646.

370 S.W.2d 359 (1963)

Carolyn S. GARDNER, Appellant, v. Boyd Dwight SIMMONS, and C. E. Russell, doing business as Russell General Tire Service, Respondents.

Supreme Court of Missouri, Division No. 1.

September 9, 1963.

Attorney(s) appearing for the Case

Leland C. Bussell, Joe C. Greene, Bussell & Hough, Springfield, for appellant.

B. H. Clampett, Walker, Daniel, Clampett, Rittershouse & Ellis, Springfield, for respondents, C. E. Russell.

COIL, Commissioner.

Mrs. Carolyn Gardner claimed $20,000 as damages for injuries she allegedly sustained when she was a passenger in an automobile driven by her husband and which injuries she averred were the result of the negligence of respondent Simmons. Respondent Russell was joined as a defendant on the theory that Simmons was his agent acting within the scope of his employment at the time of the accident. At the close of all the evidence the trial court directed...

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