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ELLIS v. J. A. TOBIN CONSTRUCTION COMPANY

No. 54462.

455 S.W.2d 510 (1970)

John Edward ELLIS, Plaintiff-Appellant, v. J. A. TOBIN CONSTRUCTION COMPANY, Defendant-Respondent.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied July 13, 1970.

Attorney(s) appearing for the Case

Walter A. Raymond, and Raymond, West & Mason, Kansas City, for appellant.

Gene C. Morris, Rogers, Field, Gentry, Benjamin & Robertson, Kansas City, for respondent.

Motion for Rehearing or to Transfer to Court En Banc Denied July 13, 1970.

WELBORN, Commissioner.

J. A. Tobin Construction Company was the general contractor on a State Highway Commission highway construction project in Jackson County. Tobin sublet some of the asphalt work to Bowen Construction Company. Bowen engaged W & W Trucking Company to haul asphalt from its plant to the job. A W & W truck so engaged struck plaintiff-appellant, John Edward Ellis...

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