Kuhlmann ex rel. Kuhlmann v. Rowald

CLEMENS, Presiding Judge.

Plaintiff-pedestrian, a 12-year-old girl, was struck by defendant’s car near the edge of Lemay Ferry Road in St. Louis County. She submitted her case on defendant’s failure to keep a lookout; he countered by submitting that she was contributorily negligent by having moved onto the roadway. Verdict was for defendant and plaintiff has appealed.

Defendant’s contributory negligence instruction directed a verdict for him if plaintiff negligently moved into the path of defendant’s automobile, etc. Plaintiff’s sole contention on appeal is error in giving that instruction…