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HAYS v. WESTERN AUTO SUPPLY COMPANY

No. 51586.

405 S.W.2d 877 (1966)

Frederick HAYS, a Minor by His Father and Next Friend Paul R. Hays, Appellant, v. WESTERN AUTO SUPPLY COMPANY, a Corporation, Respondent.

Supreme Court of Missouri, Division No. 1.

September 12, 1966.

Attorney(s) appearing for the Case

Mitchell & Meise, John W. Mitchell, Clyde G. Meise, Kansas City, Mo., and George M. Hare, Independence, Richard B. Globus, Kansas City, of counsel, for appellant.

James W. Benjamin, Kenneth E. Jones, Rogers, Field & Gentry, Kansas City, for respondent.

HOUSER, Commissioner.

Frederick Hays, proceeding by his father and next friend, sued Western Auto Supply Company, a corporation, and H. Lee and Reba Van Cleave, for $75,000 damages for personal injuries. A riding power mower, sold by Western at one of its retail stores, purchased and owned by H. Lee Van Cleave, and operated by Jimmy, the 8-year-old brother of Frederick Hays, backed up against plaintiff, who was between 2 and 3 years of age, knocked him down and ran...

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