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CLONINGER v. WOLFE

No. 9107.

477 S.W.2d 440 (1972)

William H. CLONINGER, Plaintiff-Appellant, v. James WOLFE, Defendant-Respondent, and William L. Larson, a/k/a Wilbur L. Larson, Defendant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or to Transfer Denied February 24, 1972.

Application to Transfer Denied April 10, 1972.

Attorney(s) appearing for the Case

Horace S. Haseltine, Haseltine & Springer, Springfield, Harvey B. Cox, Jr., Cox, Cox, Cox, McEnery & Wallace, St. Louis, for plaintiff-appellant.

Amos Wight, Ewing, Ewing, Carter, Wight, Woodfill & Middleton, Nevada, Robert L. Ross, Columbia, for defendant-respondent.

Motion for Rehearing or to Transfer to Supreme Court Denied February 24, 1972.

TITUS, Chief Judge.

A farm-type tractor owned by Wolfe and operated by Larson, either slid or was driven backward down a paved lakeside launching ramp and injured Cloninger who subsequently sued Wolfe and Larson for $50,000 damages. A jury could not agree on a verdict, and within fifteen days after it was discharged Wolfe moved for judgment in accordance with his motion for a directed...

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