LUCAS v. BARR

No. 22519.

297 S.W.2d 583 (1957)

Otto LUCAS, Respondent, v. Glenn BARR, Appellant.

Kansas City Court of Appeals, Missouri.

January 7, 1957.


Attorney(s) appearing for the Case

Russell N. Pickett, Eugene E. Andereck, Phil Hauck, Pickett, Andereck & Hauck, Trenton, Jayne & Jayne, Kirksville, for appellant.

L. F. Cottey, Lancaster, Charles E. Murrell, Edina, Roland A. Zeigel, Kirksville, for respondent.


MAUGHMER, Special Judge.

The respondent, as plaintiff below, had judgment against defendant-appellant in the sum of $3,500 for personal injuries received when struck by defendant's automobile. The case was submitted on the issue of primary negligence alone. The sole question on appeal is whether or not plaintiff was guilty of contributory negligence as a matter of law. If he was, then the case should not have been submitted to the jury. If he was not, then the judgment...

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