LA FATA v. BUSALAKI

No. 45068.

291 S.W.2d 151 (1956)

Helen Smith LA FATA, Respondent, v. John BUSALAKI, Appellant.

Supreme Court of Missouri. Division No. 1.

June 11, 1956.


Attorney(s) appearing for the Case

Fred B. Whalen, James R. O'Connor, St. Louis, for appellant.

Paul H. Koenig, Koenig, Dietz & Mason, William L. Mason, Jr., St. Louis, for respondent.


COIL, Commissioner.

Appellant, John Busalaki, defendant below, has appealed from the trial court's order sustaining plaintiff's motion for new trial following a defendant's verdict in an action for $25,000 damages for personal injuries. The new trial was granted on the ground that giving defendant's contributory negligence instruction 9 was error.

Plaintiff, a woman 30 years of age, had known defendant for a number of years and had been with him socially on...

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