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SHEPARD v. FORD MOTOR COMPANY

No. 33523.

457 S.W.2d 255 (1970)

Emmit B. SHEPARD, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

July 28, 1970.

Attorney(s) appearing for the Case

Thurman, Nixon, Smith & Howald, Hillsboro, by Louis Jerry Weber, for plaintiff-appellant.

Robertson, DeVoto, Wieland & Lange, St. Louis, for defendant-respondent.

CLEMENS, Commissioner.

The factual issue here is akin to the classic dispute about which came first, the chicken or the egg: Whether a mechanical defect caused the collision or the collision caused the mechanical defect. The legal issues concern defendant's affirmative converse instruction and the submissibility of plaintiff's case.

In summary, plaintiff's car was rearended by Joseph Siliven's logging truck. Siliven had bought the truck from Ross Ford Sales...

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