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KUHLMANN v. ROWALD

No. 36927.

549 S.W.2d 583 (1977)

Sharon KUHLMANN, by and through her next friend Walter J. Kuhlmann, Appellant, v. Charles Fred ROWALD, Respondent.

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

March 22, 1977.

Attorney(s) appearing for the Case

Sommers & Holloran, Inc., James P. Holloran, St. Louis, for appellant.

Fitzsimmons & Fitzsimmons, Clayton, for respondent.

CLEMENS, Presiding Judge.

Plaintiff-pedestrian, a 12-year-old girl, was struck by defendant's car near the edge of Lemay Ferry Road in St. Louis County. She submitted her case on defendant's failure to keep a lookout; he countered by submitting that she was contributorily negligent by having moved onto the roadway. Verdict was for defendant and plaintiff has appealed.

Defendant's contributory negligence instruction directed a verdict for him if plaintiff ...

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