McCarty v. Milgram Food Stores

252 S.W.2d 343 (1952)

McCARTY

v.

MILGRAM FOOD STORES, Inc.

No. 42965.

Supreme Court of Missouri, Division No. 1.

November 10, 1952.

Thomas E. Deacy and Ray D. Jones, Jr., for appellant.

Reed O. Gentry, Jack B. Robertson and Rogers, Field & Gentry, Kansas City, for respondent.

COIL, Commissioner.

Judgment was entered on defendant-respondent's verdict in a suit by plaintiff-appellant to recover $25,000 damages for injuries allegedly the result of defendant's negligence. Plaintiff's sole contention is that the trial court erred in giving instruction 5 at the instance of defendant.

Plaintiff's evidence…