Holland v. Lester

McDowell, judge.

This appeal is by defendant, Hoyt C. Lester, from a verdict and judgment of $2,000 in favor of plaintiff, Charles Holland, for personal injuries sustained when defendant’s truck collided with, and ran over plaintiff, on Missouri State Highway 162 in New Madrid County, Missouri.

Plaintiff’s petition was based upon both primary and humanitarian negligence on the part of defendant but was. submitted to the jury only on the theory of humanitarian negligence.

Defendant’s answer was a general denial and a plea of contributory negligence.

*77The cause was submitted to the jury on…