KNOLLMAN v. KENNEDY

No. 32786.

429 S.W.2d 775 (1968)

Maurice KNOLLMAN, Plaintiff, Appellant, v. W. J. KENNEDY, Defendant, Respondent.

St. Louis Court of Appeals, Missouri.

June 14, 1968.


Attorney(s) appearing for the Case

Maurice M. Knollman, pro se.

Niedner, Niedner & Moerschel, St. Charles, for plaintiff-appellant.

Mueller & Riethmann, Ralph K. Soebbing, St. Louis, for defendant-respondent.


RUDDY, Judge.

In this action to recover damages for personal injuries and property loss a jury trial resulted in a verdict for defendant. Plaintiff appealed and in his first point contends that the trial court erred in giving defendant's Instruction No. 3 which submitted the defense of contributory negligence in the following language:

"Your verdict must be for the defendant, whether or not defendant was negligent, if you believe: "First, plaintiff...

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