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RUSH v. TOWNSEND AND WALL COMPANY

No. 47991.

343 S.W.2d 44 (1961)

Pearl RUSH, Plaintiff-Respondent, v. TOWNSEND AND WALL COMPANY, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied February 13, 1961.

Attorney(s) appearing for the Case

W. J. Sherwood and W. H. Utz, Jr., of Smith, Sherwood, Utz & Litvak, St. Joseph, for appellant.

Downs & Pierce, St. Joseph, for respondent.

HOUSER, Commissioner.

This is a suit for damages for personal injuries sustained by Pearl Rush when she fell on the stairs in the Sixth Street vestibule of the Townsend and Wall department store in St. Joseph. A trial jury returned a verdict for plaintiff for $12,500. On December 7, 1959 defendant filed a notice of appeal from the ensuing judgment.

Plaintiff fell as she started to descend these stairs:

Plaintiff's theory of recovery...

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