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DURBIN v. CASSALO

No. 30091.

321 S.W.2d 23 (1959)

James DURBIN (Plaintiff), Appellant, v. Carlo CASSALO and George Saffa (Defendants), Respondents.

St. Louis Court of Appeals, Missouri.

February 17, 1959.

Attorney(s) appearing for the Case

Edward J. Delworth, Clayton, for appellant.

Morris E. Stokes, Moser, Marsalek, Carpenter, Cleary, Jaeckel & Hamilton, St. Louis, for respondent Cassalo.

WOLFE, Judge.

This is a suit for damages arising out of personal injuries resulting from an assault and battery by defendant George Saffa upon the plaintiff. This occurred in a tavern owned by defendant Carlo Cassalo. The trial court directed a verdict for Cassalo and the jury returned a verdict against George Saffa in the sum of $1,000. From the resultant judgment the plaintiff prosecutes this appeal.

The plaintiff's petition, after alleging the assault and...

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