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BURKS v. LEAP

No. 52015.

413 S.W.2d 258 (1967)

Ellis BURKS, Respondent, v. Earl Jack LEAP and Dysart Dental Laboratory, a Corporation, Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or Denied April 10, 1967.

Attorney(s) appearing for the Case

E. E. Thompson, Thomas A. Sweeny, Kansas City, for defendants-appellants, Popham, Thompson, Popham, Trusty & Conway, Kansas City, of counsel.

Robert L. Shirkey, Kansas City, for plaintiff-respondent.

Motion for Rehearing or to Transfer to Court En Banc Denied April 10, 1967.

HIGGINS, Commissioner.

Action for $25,000 damages for personal injuries. Verdict and judgment were for defendants, and defendants appeal from the award of a new trial to plaintiff on grounds that the verdict was against the weight of the evidence and error in giving an instruction.

Plaintiff alleged that on January 14, 1964, at approximately 5:42 p. m., he was driving a 1962...

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