SCHMIDT v. ALLEN

No. 45841.

303 S.W.2d 652 (1957)

William SCHMIDT, an infant, by Eugene Schmidt, Next Friend, Respondent, v. Gertrude H. ALLEN, Appellant.

Supreme Court of Missouri. Division No. 1.

July 8, 1957.


Attorney(s) appearing for the Case

Carter & Fitzsimmons and Lee M. Carter, Clayton, for appellant.

Val Terschluse and Strubinger, Tudor, Tombrink & Wion, St. Louis, for respondent.


DALTON, Judge.

Action for $100,000 damages for personal injuries sustained by plaintiff, a four year old child, when he was struck by defendant's automobile near the center of Big Bend Boulevard in St. Louis County. Verdict and judgment were for defendant, but the trial court set aside the verdict and granted plaintiff a new trial on the ground that the verdict was against the weight of the evidence, was contrary to the law and evidence and because of error in the...

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