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BAILEY v. KERSHNER

Nos. 8814, 8818.

444 S.W.2d 10 (1969)

Alma BAILEY, Plaintiff-Respondent, v. Karl KERSHNER and LeClaire Brothers Transfer, Inc., Defendants-Appellants.

Springfield Court of Appeals, Missouri.

July 8, 1969.

Attorney(s) appearing for the Case

B. B. Turley, Routh & Turley, Rolla, for appellant, Karl Kershner.

Northern, Williams, Smallwood & Williams, Rolla, for appellant, LeClaire Bros. Transfer, Inc.

Philip M. Moomaw, Moore & Moomaw, Rolla, for respondent.

TITUS, Judge.

On the morning of August 20, 1967, defendant Karl Kershner, accompanied by seventy-year-old Harold L. Bailey, was driving his automobile east on Highway 72 and turning left into Stephendale Court in Rolla, Missouri, when it was struck from the rear by an eastbound milk truck owned by defendant LeClaire Brothers Transfer, Inc. Fearful lest the application of brakes would propel him and his passenger into the windshield, Kershner disdained all efforts...

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