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  5. 241 S.W.2d 792 (1951)
 

FOERSTEL v. ST. LOUIS PUBLIC SERVICE CO.

No. 28088.

241 S.W.2d 792 (1951)

FOERSTEL v. ST. LOUIS PUBLIC SERVICE CO.

St. Louis Court of Appeals. Missouri.

July 3, 1951.

Attorney(s) appearing for the Case

Dan P. Reardon, Reardon & Lyng, Gerard M. Dorsey, Lyng, MacLeod & Davidson, and John H. Martin, all of St. Louis, for plaintiff-respondent.

L. F. Stephens, Coburn, Storckman & Croft, and Clem F. Storckman, all of St. Louis, for defendant-appellant.

HOUSER, Commissioner.

This is an action for damages on account of personal injuries claimed to have been sustained by John Foerstel in an automobile-streetcar collision in St. Louis on April 23, 1949. Following a $5,000 verdict for plaintiff and an unsuccessful effort to obtain a new trial, the public service company has appealed to this court claiming that the trial court erred in (1) refusing to grant a new trial on the ground of

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