BURT v. BECKER

No. 56891.

497 S.W.2d 411 (1973)

Jack Paul BURT and Lois Christine Burt, Appellants, v. Eugene F. BECKER, Guardian Ad Litem for Gerald Eugene Becker, Respondent.

Supreme Court of Missouri, Division No. 1.

July 16, 1973.


Attorney(s) appearing for the Case

Derrick & Holderle, St. Louis, Robert A. McIlrath, Flat River, for plaintiffs, appellants.

Sestric, Sestric, Sweet & McGhee, Grove G. Sweet, St. Louis, of counsel.

Willson, Cunningham & McClellan and Emmett M. O'Brien, St. Louis, for defendant-respondent.


HIGGINS, Commissioner.

Appeal (taken prior to January 1, 1972) from judgment in favor of defendant in action by parents for $50,000 damages for wrongful death of minor child.

Appellants' principal point goes to the submission of contributory negligence by Instruction No. 6 which reads:

"Your verdict must be for the defendant whether or not defendant was negligent, if you believe:

"First, David Burt operated an unlighted bicycle at night on...

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