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ROGERS v. TORO MANUFACTURING COMPANY

Nos. 35125, 35126.

522 S.W.2d 632 (1975)

John ROGERS, a minor, by and through his next friend James K. Rogers, et al., Plaintiffs-Respondents-Appellants, v. TORO MANUFACTURING COMPANY, a corporation, Defendant-Appellant, and Madeleine J. Neiswander, Executrix of the Estate of Dale E. Neiswander, Deceased, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing or Transfer Denied April 14, 1975.

Application to Transfer Denied June 9, 1975.

Attorney(s) appearing for the Case

E. Lemoine Skinner, III, Hullverson, Hullverson & Frank, St. Louis, for plaintiffs-respondents-appellants.

John J. Cole and Richard B. Scherrer, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, for defendant-appellant.

James J. Virtel, Heneghan, Roberts & Godfrey, St. Louis, for defendant-respondent.

STEWART, Judge.

We consider consolidated appeals arising out of a single trial. John Rogers, a minor, was injured when he was struck by a power lawn mower manufactured by defendant-appellant Toro Manufacturing Company, hereafter called Toro. The mower was owned by John's grandfather, Dale E. Neiswander, now deceased. Actions were brought on behalf of John, for his injuries, by his father, James Rogers, Sr., as next friend...

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