CARTER v. NORFOLK & WESTERN RY.

No. 48497.

708 S.W.2d 306 (1986)

Mark CARTER and Grace Carter, Plaintiffs-Appellants, v. NORFOLK & WESTERN RAILWAY and Edward Murry, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied April 15, 1986.

Application to Transfer Denied May 13, 1986.


Attorney(s) appearing for the Case

Lewis Steven Goldblatt, St. Louis, for plaintiffs-appellants.

Albert E. Schoenbeck, St. Louis, for defendants-respondents.


STEPHAN, Chief Judge.

Plaintiffs, Mark Carter and his mother, as next friend and legal guardian responsible for his medical expenses, appeal from a judgment entered on a jury verdict in favor of defendants, Norfolk and Western Railway and the general manager of its western region, Edward Murry. We reverse and remand for a new trial on the ground that a withdrawal instruction was erroneously given which had a prejudicial effect on the plaintiffs' case.

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