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FROGGE v. NYQUIST PLUMBING AND DITCHING COMPANY

No. 54179.

453 S.W.2d 913 (1970)

Nellie Marie FROGGE and Walter Frogge, (Plaintiffs) Respondents, v. NYQUIST PLUMBING AND DITCHING COMPANY, Inc., a Corporation, and City of Raytown, Missouri, (Defendants) Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied May 11, 1970.

Attorney(s) appearing for the Case

Michael F. Mahoney, Frank L. Cohn, Kansas City, for Nellie Marie Frogge and Walter Frogge respondents.

John C. Russell, Raytown, for City of Raytown, defendant-appellant.

Joseph A. Sherman, Jackson & Sherman, Kansas City, for Nyquist Plumbing & Ditching Co., Inc., defendant-appellant.

HOLMAN, Judge.

Plaintiff, Nellie Marie Frogge, was injured when the automobile she was driving ran into a sewer ditch in the street. In this action she and her husband sought to recover $22,500 in the aggregate for her injuries and his loss of consortium. The defendants are Nyquist, the corporation which installed the sewer, and the City of Raytown. The jury returned a verdict for defendants but the trial court granted plaintiffs a new trial on the specified ground...

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