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DAY v. MAYBERRY

No. 8629.

421 S.W.2d 34 (1967)

Michael O. DAY, by his next friend, Roland Day, Plaintiff-Respondent, v. Gail MAYBERRY, a minor, by her guardian ad litem, Imogene Mayberry, Defendant-Appellant.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied October 16, 1967.

Application to Transfer Denied December 11, 1967.

Attorney(s) appearing for the Case

Buerkle & Lowes, Jackson, for defendant-appellant.

Dalton, Treasure & Bullard, Kennett, for plaintiff-respondent.

STONE, Presiding Judge.

For injuries alleged to have resulted from a bizarre accident in Kennett, Missouri, about 9:30 P.M. on June 1, 1965, plaintiff Michael O. Day, then 16 years of age, instituted this action in which he sought damages of $10,000 from defendant Gail Mayberry, then also 16 years of age. Following entry of judgment upon a unanimous jury verdict for defendant, plaintiff's timely motion for new trial was sustained on the sole ground that the verdict...

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