No. 49565.

366 S.W.2d 413 (1963)

George M. MADSEN, a Minor, by His Father and Next Friend, George C. Madsen, Respondent. v. James LAWRENCE, Appellant.

Supreme Court of Missouri. Division No. 1.

April 8, 1963.

Attorney(s) appearing for the Case

Ernest H. Fremont, Jr., Thos. J. Conway, Jr., Kansas City, for appellant.

Popham, Thompson, Popham, Trusty & Conway, Kansas City, of counsel.

William J. Gilwee, Kansas City, Donald E. Lyons, Kansas City, for respondent.

PAUL VAN OSDOL, Special Commissioner.

September 8, 1959, at approximately twelve o'clock noon, plaintiff George Michael Madsen, then ten years of age, was sitting on the terraced lawn of the Anderson home at the southwest corner of the intersection of 57th and Swope Parkway, in Kansas City, Missouri. George Michael lived with his parents in the Madsen home nearby, and most of the morning he and some young friends had been watching the work of excavating earth from...


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