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KIMMICH v. BERRY

No. 46909.

319 S.W.2d 546 (1959)

Robert E. KIMMICH, Plaintiff-Respondent, v. Charles BERRY, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

January 12, 1959.

Attorney(s) appearing for the Case

Claude S. Tuttle, B. Richards Creech, Donald E. Dalton, St. Charles, for defendant-appellant.

Paul E. Dixon, Edward F. Downey, St. Louis, William L. Hungate, Peter J. Grewach, Troy, for plaintiff-respondent.

HOLMAN, Commissioner.

In this action plaintiff sought to recover the sum of $10,000 for personal injuries and damage to his motorcycle which were alleged to have resulted from a collision between his motorcycle and defendant's automobile. The defendant filed a counterclaim wherein he sought recovery for damages to his automobile in the sum of $50.00. The jury returned a verdict for defendant on plaintiff's claim and for plaintiff on defendant's

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