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HUBBARD v. LATHROP

No. KCD 27873.

545 S.W.2d 361 (1976)

Clint R. HUBBARD, by and through his mother and next friend, Marilyn J. Williams, and Marilyn J. Williams, Plaintiffs-Respondents, v. James O. LATHROP and Margaret E. Martin, Co-Executors of the Estate and Personal Representatives of Clyde Lathrop, Deceased, Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied December 23, 1976.

Application to Transfer Denied February 14, 1977.

Attorney(s) appearing for the Case

Walter R. Simpson, Kansas City, for defendants-appellants; Sheridan, Sanders, Mason & Simpson, P. C., Kansas City, of counsel.

James W. Benjamin, Rogers, Field, Gentry, Benjamin & Robertson, Kansas City, for plaintiffs-respondents.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from order granting new trial to plaintiffs on ground the verdict was against the weight of the evidence. The question is whether plaintiffs made a submissible case and, if so, whether plaintiff Clint Hubbard was contributorily negligent as a matter of law. Affirmed.

Appellants contend there was no evidence to support submission of plaintiffs' case and that, regardless of the theory of negligence advanced, the...

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