GAYER v. J.C. PENNEY COMPANY

No. 30152.

326 S.W.2d 413 (1959)

Steven Edward GAYER, a Minor, by Gerald T. Stubblefield, His Next Friend (Plaintiff), Appellant, v. J. C. PENNEY COMPANY, Inc., a Corporation (Defendant), Respondent.

St. Louis Court of Appeals, Missouri.

Rehearing Denied August 24, 1959.


Attorney(s) appearing for the Case

Hall, Reaban & Seigel, Morie B. Soule, St. Louis, for appellant.

Hocker, Goodwin & MacGreevy, Wayne L. Millsap, St. Louis, for respondent.


DOERNER, Commissioner.

Action for damages for personal injuries alleged to have been sustained when a piano in defendant's store fell on plaintiff. Plaintiff had a verdict and judgment below for $5,000. Defendant filed a motion for judgment in accordance with its motion for a directed verdict or in the alternative for a new trial. The trial court sustained defendant's motion for a judgment, without specifying the ground or grounds therefor, vacated the judgment for...

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