(DOWNLOAD) "Gloria Bell v. Gordon Green and Fruehauf" by Supreme Court of Missouri En Banc * eBook PDF Kindle ePub Free
eBook details
- Title: Gloria Bell v. Gordon Green and Fruehauf
- Author : Supreme Court of Missouri En Banc
- Release Date : January 22, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Plaintiff sued Gordon Green and the Fruehauf Trailer Company jointly for personal injuries sustained when the car in which
she was riding struck a Fruehauf tractor-trailer on U.S. Highway 66 on Jan. 21, 1959, about 7:50 a.m. One Perry Becker was
the driver of the car; plaintiff was a passenger in the front seat; Green and Carol Brocato (then Hawkins) were in the back
seat. The jury returned a verdict for $14,500 against Green and in favor of Fruehauf. Green's after-trial motion for judgment
was sustained, and plaintiff's motion for judgment or a new trial against Fruehauf was overruled. Plaintiff appealed to the
St. Louis Court of Appeals where an opinion was filed on July 21, 1967, affirming the action of the trial court. Subsequently,
we ordered the case transferred here on plaintiff's application. In the application for transfer plaintiff's counsel specifically
asked that we "transfer her appeal as to Defendant Gordon Green" for the various reasons alleged. We consider, and rule, that
plaintiff has affirmatively abandoned her appeal as to Fruehauf, although certain points as to that defendant had been briefed
in and ruled by the Court of Appeals. They will not be further considered here. We shall consider plaintiff's case against
Green as though brought here upon an original appeal. The principal issue arose from the fact that defendant Green was a minor, not yet 20 years of age. Becker was also a minor,
which is not so material; both girls were minors, plaintiff being 17, Carol 14. As will be developed later, the collision
occurred in the lane of the tractor-trailer, under circumstances which obviously would create a submissible case of negligence
against the driver of the car. In plaintiff's amended petition it was alleged: that Green was a passenger in the 1958 Chevrolet
and that Becker was operating it under Green's "direction, authorization and orders"; that Becker was the "Instrument" of
defendant Green, and on a joint venture with him; that Green, through Becker, was negligent in crossing into the westbound
lane of the highway and into collision with the tractor-trailer, and in driving onto the wrong side of the highway. We omit
all allegations of negligence as to Fruehauf. Green's answer consisted of denials of the substantive allegations of the amended
petition and a plea of contributory negligence; also, an affirmative allegation that Green was a minor, and that he was asleep
in the rear seat at the time of the collision. We note here that Becker was killed almost instantly in the collision; so
far as the record shows, no suit was filed against his estate.
 "Gloria Bell v. Gordon Green and Fruehauf" by Supreme Court of Missouri En Banc * eBook PDF Kindle ePub Free){kind=link}