UNDERWOOD v. HENDRIX

No. 50691.

388 S.W.2d 899 (1965)

Ora UNDERWOOD, Respondent, v. Don HENDRIX, Appellant.

Supreme Court of Missouri, Division No. 2.

April 12, 1965.


Attorney(s) appearing for the Case

Pinnell & Monroe, by E. L. Monroe, Monett, for respondent.

Royle Ellis, Cassville, for defendant-appellant.


STOCKARD, Commissioner.

The jury returned a verdict for defendant in plaintiff's suit in which she sought damages for personal injuries in the amount of $17,500. The trial court thereafter granted plaintiff a new trial on the ground that the giving of Instruction No. 5 on contributory negligence constituted prejudicial error, and defendant has appealed.

Defendant drove his 1962 Ford truck to plaintiff's home to take plaintiff to dinner. He stopped the truck...

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