Smith v. Heisserer

BILLINGS, Presiding Judge.

Plaintiff Geraldine Smith was injured when she was struck by defendant’s pickup truck as she was attempting to cross Main Street in Scott City, Missouri. Her petition alleged defendant was guilty of primary negligence (speed, lookout, control, stop, swerve, slacken, warning) and humanitarian negligence (stop,' slacken, warning). Plaintiff tendered a humanitarian instruction on defendant’s failure to swerve his vehicle but the court refused to give the same. The jury was instructed on the issues of primary negligence and contributory negligence and a verdict was…