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BIRMINGHAM v. SMITH

No. 52643.

420 S.W.2d 514 (1967)

Sadie BIRMINGHAM, Appellant, v. Clarence Allen SMITH, Respondent.

Supreme Court of Missouri, Division No. 1.

November 13, 1967.

Attorney(s) appearing for the Case

J. William Blackford, Blackford & Wilhelmsen, Kansas City, for appellant.

Walter F. Moudy, and Foust, Moudy & Jacobson, Kansas City, for respondent.

HIGGINS, Commissioner.

Action for $25,000 damages for wrongful death. Plaintiff appeals from verdict and judgment for defendant.

Plaintiff's petition in part alleged: that plaintiff was the mother of Dottie Sue Birmingham, age 17, who, on June 5, 1964, was a passenger in an automobile operated by and under "the sole care and control of the defendant"; that while so operating his vehicle eastwardly on Independence...

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