CLARK v. FURCH

No. 38900.

567 S.W.2d 457 (1978)

James Christian CLARK, a minor by Lillian Steinman, his guardian, Appellant, v. Randolph W. FURCH, Respondent.

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

May 30, 1978.


Attorney(s) appearing for the Case

Cupples, Cooper, Haller, Inc., Clayton, for appellant.

Joseph L. Leritz, St. Louis, for respondent.


SMITH, Judge.

Plaintiff, through his guardian, appeals from a judgment in favor of defendant entered pursuant to a jury verdict. We affirm.

On appeal plaintiff challenges the admission of evidence and the giving of an instruction on contributory negligence on the basis that plaintiff, aged six years and five months at the time of the accident, was incapable of contributory negligence as a matter of law. Defendant takes a contrary view and additionally contends...

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