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SMITH v. SEVEN-ELEVEN, INC.

No. 8719.

430 S.W.2d 764 (1968)

Rose SMITH and Elmer Smith, Plaintiffs-Appellants, v. SEVEN-ELEVEN, INC., Defendant-Respondent.

Springfield Court of Appeals, Missouri.

July 26, 1968.

Attorney(s) appearing for the Case

Wear, Wear & Coffman, William A. Wear, Paul R. Coffman, Springfield, for plaintiffs-appellants.

Allen, Woolsey & Fisher, Harold J. Fisher, Alfred C. Sikes, Springfield, for defendant-respondent.

STONE, Judge.

As plaintiff Rose Smith (hereinafter sometimes referred to as plaintiff) was leaving one of defendant's markets in Springfield, Missouri, about 1 P.M. on Sunday, October 31, 1965, she fell and fractured her right ankle. In Count I of the petition filed in this action, she sought damages for her injury; and, in Count II of that petition, plaintiff Elmer Smith, her husband, sought damages for loss of her services and companionship and for medical and hospital...

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