DENNY v. MATHIEU

No. 53379.

452 S.W.2d 114 (1970)

Irene DENNY, Plaintiff-Appellant, v. John P. MATHIEU, d/b/a 7-Up Bottling Company, Defendant-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 13, 1970.


Attorney(s) appearing for the Case

Orville C. Winchell, Lebanon, Orville Richardson, St. Louis, R. Jack Garrett, West Plains, for plaintiff-appellant.

Farrington, Curtis & Strong, E. C. Curtis, Thomas Strong, Springfield, for defendant-respondent.


FINCH, Judge.

Plaintiff, a passenger in her husband's automobile, sued to recover $35,000 for personal injuries received when the car collided at night with an unlighted truck which was stopped with the back end protruding out into the lane of the highway in which the automobile was traveling. The suit was filed against both the owner of the truck, Mathieu, and the driver, Rhodes. At the conclusion of all the evidence,...

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