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COREY v. FOLEY

No. 39347.

585 S.W.2d 120 (1979)

Eugene R. COREY, Plaintiff-Respondent, v. David Kevin FOLEY, Administrator of the Estate of David C. Foley, Jr., Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied July 13, 1979.

Application to Transfer Denied September 11, 1979.

Attorney(s) appearing for the Case

Barnard & Baer, Richard O. Funsch, St. Louis, for defendant-appellant.

Leo M. Newman, St. Louis, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 13, 1979.

CRIST, Judge.

Civil case. Plaintiff obtained judgment against defendant's estate in the sum of $35,000.00.

David C. Foley, Jr., deceased, herein referred to as "Foley" owned and maintained a duplex with a two car garage underneath the living quarters of his tenants. During the night of October 24, 1973, or early the next morning, Foley went into the closed garage and started...

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