SILVER v. CURTIS

Nos. 25671, 25674.

490 S.W.2d 412 (1972)

Edward Wayne SILVER and Lawrence Silver, Co-Executors of Estate of Gertrude A. Silver, Deceased, Plaintiffs-Appellants, v. James CURTIS, Executor of Estate of Lillie Curtis, Deceased, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

On Rehearing January 19, 1973.

Motion for Rehearing and/or Transfer Denied January 22, 1973.

Application to Transfer Denied March 12, 1973.


Attorney(s) appearing for the Case

Robert B. Paden, Maysville, Frost, Speckman & Fisher, Plattsburg, for plaintiffs-appellants.

Price Shoemaker and Robert D. Colley, St. Joseph, for defendant-respondent.


DIXON, Judge.

Appeal from an order of the trial court granting the defendant a new trial on two specified grounds in a wrongful death action arising out of a one-car accident. The decedent was a 76-year-old woman who was killed on February 19, 1969. There is a cross appeal by defendants attempting to protect the points of the motion for new trial which were not sustained by the trial court.

The action was brought by the executors of the decedent against the...

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