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ANDERSON v. CAHILL

No. 58909.

528 S.W.2d 742 (1975)

Johnny ANDERSON, a minor, by his mother and next friend, Rosemary Anderson, Plaintiff-Appellant, v. David F. CAHILL, d/b/a D. F. Cahill Construction Company, Defendant-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 13, 1975.

Attorney(s) appearing for the Case

Barbieri, Combs & Gotschall, Roger J. Barbieri, Commodore M. Combs, Jr., Kansas City, for plaintiff-appellant.

Shook, Hardy & Bacon, David H. Clark, Robert E. Northrip, Kansas City, for defendant-respondent.

HENLEY, Judge.

This is an action for damages for personal injuries received by a child when he fell into a construction excavation. Verdict and judgment were for defendant and plaintiff appealed to the Court of Appeals, Kansas City district.1 That court affirmed the judgment and, on application of plaintiff, we ordered the case transferred to this court. It will be finally determined here the same as on original appeal. Mo.Const. Art....

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