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PITTS v. FRED WEBER CONTRACTOR, INC.

No. 33655.

466 S.W.2d 124 (1971)

Carl Andrew PITTS, an Infant, By and Through Carl E. Pitts, Next Friend, Plaintiff-Appellant, v. FRED WEBER CONTRACTOR, INC., a Corporation, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

March 23, 1971.

Attorney(s) appearing for the Case

Murphy & Schlapprizzi, St. Louis, James W. Jeans, Kansas City, for plaintiff-appellant.

Carter, Brinker & Doyen, Bernard C. Brinker, Clayton, for defendant-respondent.

SMITH, Commissioner.

This appeal reaches us following the trial court's action sustaining defendant's motion for judgment in accordance with its motion for a directed verdict, which set aside a judgment of $7500 based upon a jury verdict. The court also and alternatively, sustained the defendant's motion for new trial based upon error in the plaintiff's verdict-directing instruction.

Plaintiff, nine years and four months old at the time of the accident, was...

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