KRAUS v. AUXVASSE STONE & GRAVEL COMPANY

No. 54152.

444 S.W.2d 434 (1969)

Samuel KRAUS, Jr., Executor of the Estate of Samuel Kraus, Sr., Deceased, Appellant, v. AUXVASSE STONE & GRAVEL COMPANY, Respondent.

Supreme Court of Missouri, Division No. 2.

September 8, 1969.


Attorney(s) appearing for the Case

Tyree C. Derrick and Derrick & Holderle, St. Louis, for appellant.

Evans & Dixon, William Wallace Evans, St. Louis, for respondent.


BARRETT, Commissioner.

In this action to recover $250,000.00 damages for personal injuries there was a jury verdict for the defendant and plaintiff has appealed claiming that he is entitled to a new trial.

The action and appeal arose in these circumstances: The Auxvasse Stone & Gravel Company was in the process of constructing a loading bin over the railroad tracks at Auxvasse so that railroad cars could be loaded with crushed stone "in a matter of minutes...

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