(Download) "Clarence Phillips and Nellie Phillips V." by Springfield District Missouri Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Clarence Phillips and Nellie Phillips V.
- Author : Springfield District Missouri Court of Appeals
- Release Date : January 15, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Harold Dean Phillips, then twelve years of age, suffered fatal injuries about 4:30 P.M. on November 8, 1958, when thrown from a 1956 Chevrolet sedan (hereinafter referred to as the Phillips automobile), then being driven by his mother, Mrs. Nellie Phillips, on Callaway County Route D approximately two miles west of Mokane, Missouri. In this jury-tried action for damages on account of Harold's death, his parents obtained a verdict for $12,000 against both defendants, who appeal from the judgment entered thereon. At and near the point of accident, Route D ran in a general easterly-and-westerly direction and was practically level; and, for a distance of not less than one-half mile to the east (that being the direction from which all of the vehicles figuring in this tragedy approached the point of accident), the road also was straight. There was ""very little"" shoulder between the north edge of the blacktop and the ""fair-sized ditch"" on that side of the road. At the time of accident, the setting sun was low in the heavens and (as we shall detail) in varying degree bothered some westbound drivers on Route D. Since the time of the setting of the sun is within the storehouse of our judicial knowledge [Haley v. Edwards, Mo., 276 S.W.2d 153, 161(12); McGowan v. Wells, 324 Mo. 652, 658, 24 S.W.2d 633, 635(1); State v. Powell, Mo., 306 S.W.2d 531, 533(2), 66 A.L.R.2d 1141], we record that, on November 8, 1958, the sun set about 5:00 P.M. at the place of accident.
 "Clarence Phillips and Nellie Phillips V." by Springfield District Missouri Court of Appeals # Book PDF Kindle ePub Free){kind=link}