SANDERS v. RICHMOND

No. 39019.

579 S.W.2d 401 (1979)

Esther SANDERS, Plaintiff-Appellant, v. Robert J. RICHMOND, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

March 13, 1979.


Attorney(s) appearing for the Case

David O. Danis, Whalen, O'Connor, Danis & Tobben, St. Louis, for plaintiff-appellant.

Donald L. James, Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, Lawrence B. Grebel, Michael R. Noakes, St. Louis, for defendant-respondent.


KELLY, Judge.

This appeal presents the question whether a widow's claim for the death of her husband caused by injuries sustained when two motor boats collided on the Mississippi River is barred by the decedent's contributory negligence. We hold that it is not, reverse the judgment entered in the trial court for the defendant, and remand the cause for a new trial.

Charles L. Sanders, the decedent, was, on July 12, 1975, the owner of a 16 foot long john-boat...

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