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JOHNSON v. HUNTER

No. 32052.

398 S.W.2d 449 (1965)

Tony Edward JOHNSON, a Minor, by his Next Friend and Guardian of the Estate of Tony Edward Johnson, Winfred J. McDaniel, Sr., Plaintiff-Respondent, v. William G. HUNTER and Emery Emerson Gipson, Defendants, William G. Hunter, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

Rehearing Denied January 19, 1966.

Attorney(s) appearing for the Case

Robert A. McIlrath, Flat River, for defendants.

Robert A. McIlrath, Flat River, W. T. McGhee, Brentwood, for defendant-appellant.

Roy G. Cooper, Schnapp, Cooper & Graham, Fredericktown, Marvin L. Dinger, Ironton, for plaintiff-respondent.

CLEMENS, Commissioner.

This is a wrongful death action by a three-year-old plaintiff whose father was a passenger in a logging truck that overturned. Defendant-appellant Hunter owned the truck and employed the driver. He suffered a $5,000 judgment, and appeals. The other defendant, Emery Gipson, driver of the truck, was exonerated by the verdict, and the judgment was in his favor. Plaintiff does not appeal; so the judgment in favor of the driver, defendant Gipson...

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