VAN DYKE v. MAJOR TRACTOR & EQUIPMENT CO.

No. KCD 28620.

557 S.W.2d 11 (1977)

Robert P. VAN DYKE, Plaintiff-Appellant, v. MAJOR TRACTOR & EQUIPMENT COMPANY, INC., Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

As Modified On Motion October 11, 1977.

Motion for Rehearing and/or Transfer Denied October 12, 1977.


Attorney(s) appearing for the Case

Michael J. Maloney, Popham, Popham, Conway, Sweeney & Fremont, P. C., Kansas City, for plaintiff-appellant.

Roy A. Larson, Thomas R. Larson, Morris, Larson, King, Stamper & Bold, Kansas City, for defendant-respondent.

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


As Modified On Courts' Own Motion October 11, 1977.

SHANGLER, Presiding Judge.

The plaintiff Van Dyke sued for personal injury allegedly caused by the negligent repair of his tractor by defendant Major Tractor & Equipment Company. The defendant Tractor Company had a jury verdict and the plaintiff appeals on the ground that Instruction No. 5 which submitted contributory negligence against him was erroneous.

The plaintiff had his tractor repaired...

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