(Download) "Ray Lovelace v. Ralph June Reed" by Supreme Court of Missouri Division 2 # Book PDF Kindle ePub Free
eBook details
- Title: Ray Lovelace v. Ralph June Reed
- Author : Supreme Court of Missouri Division 2
- Release Date : January 13, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
417 Plaintiffs have appealed from a judgment in favor of defendant in their action for wrongful death. Appellate jurisdiction was in this court at the time the notice of appeal was filed by reason of the amount in dispute, and because of Art. V, § 31, Constitution of Missouri, this court retains jurisdiction. Joyce Marie Lovelace, nine years of age, was struck by an automobile operated by defendant while she was attempting to cross U.S. Highway 54, and she died from 418 the injuries received. Plaintiffs alleged both primary and humanitarian negligence, but the trial court refused plaintiffs' requested instruction submitting humanitarian negligence. The case was submitted to the jury on primary negligence in failing to keep a careful lookout. Defendant requested, and the court gave, an instruction on contributory negligence of Joyce Marie, but we note that the instruction requested by plaintiffs and given by the court did not contain that part of MAI 20.01 which is required when an affirmative defense is in issue.