Linda Immekus v. Betty Quigg

This is an action for personal injuries sustained, according to the plaintiff, when she was struck by the defendant's automobile while crossing the street on foot. Plaintiff has had judgment on a jury verdict for $5,000.00, and the defendant has appealed. Several points have been briefed and argued in this court, but we find it necessary to consider only two of them. One of the defendant's contentions is that there is no evidentiary basis for either of the two hypotheses of negligence submitted, and we therefore briefly review the evidence. It may be noted that the cause went to the jury on the defendant's failure to keep a careful lookout and her failure to stop after danger of striking the plaintiff became apparent. The defendant neither pleaded nor attempted to submit the plaintiff's contributory negligence. On November 16, 1962, Linda Immekus, then seven years old, was taken home from school by a Mrs. Doris Beckham. The Immekus residence was on the east side of Monroe Street in Joplin, Missouri. Monroe is described as a blacktop street, ""a little bit over twenty-six feet"" wide, without curbs. Mrs. Beckham stopped ""across the street"" from the Immekus residence on the west side of Monroe, with all four wheels on the pavement. Linda was in the back seat.