STEIN v. McDONALD

No. 50983.

394 S.W.2d 297 (1965)

Henry STEIN, Respondent, v. Robert McDONALD, Charles L. McDonald, and Mrs. A. T. Moore, Appellants.

Supreme Court of Missouri, Division No. 2.

Rehearing Denied October 11, 1965.


Attorney(s) appearing for the Case

Thomas P. Howe, Russell N. MacLeod, Clayton, for respondent.

Parks G. Carpenter, Moser, Marsalek Carpenter, Cleary & Jaeckel, St. Louis, for appellants.


PRITCHARD, Commissioner.

Plaintiff sued defendants for $65,000 damages for personal injuries which resulted from one of defendants falling from the bed of plaintiff's truck on top of plaintiff. The verdict and judgment were for defendants, after which the trial court granted plaintiff a new trial upon the grounds of error in giving two contributory negligence instructions (Nos. 2 and 3). Defendants appeal from the order...

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