(Download) "Ross Withers v. Guy Pettit and Berlough" by Supreme Court of Missouri ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ross Withers v. Guy Pettit and Berlough
- Author : Supreme Court of Missouri
- Release Date : January 11, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
On the morning of April 10, 1958, at about 10 o'clock, plaintiff Ross Withers and five other men were riding in a station wagon going north on Highway No. 71. When they reached a point about mile south of Harrisonville, Withers, the driver, stopped the station wagon to permit a truck, also heading north, to make a right turn onto a side road. About the time the station wagon came to a stop or a second or two thereafter, defendants' truck also going north (with defendant Pettit driving) collided with the rear of the station wagon which in turn ""bumped"" the small truck which had stopped to let a large truck turn off the road. Withers filed this suit against Guy Pettit and Berlough McCluey, as partners, asking damages in the sum of $15,200 for personal injuries and damages to the station wagon. A trial in the Circuit Court of Barton County at Lamar, Missouri, resulted in a verdict for the defendants. Plaintiff appealed to this court. Plaintiff, on this appeal, has briefed three points. The first has to do with an instruction (D), given on behalf of the defendants. This instruction submitted to the jury defendants' theory that the station wagon came to a sudden stop so that defendant Pettit was unable to avoid a collision. Plaintiff says that the instruction misstated the law and that there was no evidence of a sudden stop. In the other two assignments of error, plaintiff says, in substance, that the trial court erred in failing to grant him a new trial because the evidence showed that defendant Pettit was grossly negligent and the verdict was ""flagrantly"" against the law and the evidence.