Swindler v. Butler Manufacturing Company

WELBORN, Commissioner.

Appeal by plaintiff from judgment in favor of defendant at close of plaintiff’s opening statement on trial for $50,000 damages for personal injuries. A prior appeal was found to be premature because the judgment appealed from did not dispose of all questions and parties. See Swindler v. Gross, Mo.Sup., 395 S.W.2d 109. The claim against codefendant Gross has now been dismissed and the issue between plaintiff and defendant Butler is now properly before us.

This cause of action arose out of injuries sustained by appellant Swindler while employed on the Gross farm in De-Kalb…