Mrs. Elmer Lands v. Erastus Boyster

Action by Mrs. Elmer Lands for $25,000 damages for personal injuries consolidated with action by Mr. and Mrs. Elmer Lands
for $25,000 damages for wrongful death of a minor daughter. Verdict was for defendant in both cases with judgment accordingly,
from which plaintiffs appeal. The incident out of which these actions arose occurred May 21, 1964, on East Jefferson Street in Potosi, Missouri. East Jefferson
is an east-west street, twenty feet wide, level, and of blacktop pavement. The south shoulder is about two feet wide with
a ditch eighteen inches to three feet deep beyond; the north shoulder averages five feet in width and is seven feet wide at
the scene. Beyond the north shoulder is Burton Creek.