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HINES v. SWEET

No. 9664.

518 S.W.2d 710 (1975)

Blaine HINES and Anna Maude Hines, Plaintiffs-Respondents, v. James Henry SWEET, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

January 24, 1975.

Attorney(s) appearing for the Case

Buehner & Buehner, L. R. Buehner, Charles Buchanan, Joplin, for plaintiffs-respondents.

Blanchard, Van Fleet, Robertson & Dermott, Jon Dermott, Joplin, for defendant-appellant.

Before BILLINGS, C.J., and TITUS and FLANIGAN, JJ.

BILLINGS, Chief Judge.

This is a suit by the plaintiffs-parents for the wrongful death of their daughter. The jury returned a verdict for the defendant but the trial court granted plaintiffs' motion for a new trial for error in giving a contributory negligence instruction tendered by the defendant. The ruling below was that the disjunctive submission of the decedent's failure to swerve constituted error for the reason there was "no creditable evidence that she could...

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