Cheek v. Weiss

STEWART, Presiding Judge.

Action for wrongful death brought by the parents of their 47 year old daughter, who died as a result of an automobile accident. They appeal from the judgment entered on an adverse jury verdict.

Plaintiffs contend that the court erred (1) in admitting the testimony of Sergeant James of the Highway Patrol with respect to the speed of decedent’s vehicle, (2) in giving a contributory negligence instruction based on § 304.011 RSMo 1969 because it did not use the exact words of the statute, because it failed to require a finding that the slow speed of decedent’s vehicle was…