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DOST v. PEVELY DAIRY COMPANY

No. 44244.

273 S.W.2d 242 (1954)

Ben DOST, Plaintiff-Respondent, v. PEVELY DAIRY COMPANY, a Corporation, Defendant-Appellant.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing or to Transfer to Denied December 13, 1954.

Attorney(s) appearing for the Case

David V. Campbell, Fred B. Whalen, St. Louis, E. C. Hartman, St. Louis, of counsel, for defendant-appellant.

Boedeker & Weil and Wayne C. Smith, Jr., Clayton, for respondent.

Motion for Rehearing or to Transfer to Court en Banc Denied December 13, 1954.

HYDE, Judge.

Action for damages for personal injuries. Plaintiff had verdict for $25,000 but made a remittitur of $8,000 on the Court's order. A final judgment of $17,000 was entered from which defendant has appealed.

Plaintiff was injured by falling about 16 feet when a scaffold board broke while he was walking across it during his work of painting a water tank. One of...

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