ANDERSON v. CAHILL

No. 56009.

485 S.W.2d 76 (1972)

Johnny ANDERSON, A Minor by His Mother and Next Friend, Rosemary Anderson, Appellant, v. David F. CAHILL d/b/a D. F. Cahill Construction Co. and K. L. Perry Excavating Co. formerly d/b/a K. L. Perry & Sons, Inc., Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or Transfer Denied October 9, 1972.


Attorney(s) appearing for the Case

Roger J. Barbieri and Commodore M. Combs, Jr., Kansas City, for appellant.

David H. Clark, Robert E. Northrip, Kansas City, for respondent Cahill.

Lowell L. Knipmeyer, Douglas H. Delsemme, Knipmeyer, McCann & Millett, Kansas City, for respondent, K. L. Perry Excavating Co.


Motion for Rehearing or Transfer to Court En Banc Denied October 9, 1972.

FRED E. SCHOENLAUB, Special Judge.

In this action for personal injuries, the trial court sustained defendant's Motion for Directed Verdict at the close of plaintiff's case and plaintiff appeals. Plaintiff was injured when he fell into a ten foot deep excavation on the premises of St. Mary's Church in Independence, Mo. At the time of his injury, October 13, 1962, plaintiff was four years...

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