SETTELL v. HORGAN

No. 23684.

362 S.W.2d 769 (1962)

Kenneth R. SETTELL, Plaintiff-Respondent, v. Michael G. HORGAN, Defendant-Appellant.

Kansas City Court of Appeals. Missouri.

December 3, 1962.


Attorney(s) appearing for the Case

McKenzie, Williams, Merrick, Beamer & Stubbs, James L. Williams and Keith K. Couch, Kansas City, for appellant.

Robert A. Schroeder, Robert A. Nelson, Walter A. Raymond, Kansas City, for respondent.


MAUGHMER, Commissioner.

Plaintiff, Kenneth R. Settell, had a $7,500 verdict and judgment against Michael G. Horgan, defendant, for personal injuries sustained in a collision of their two automobiles. On his appeal defendant presents two and only two assignments of error. He says the trial court erred in giving Instruction #5 because it is not supported by any evidence of the permanency of plaintiff's injuries and, second, either a new trial or a remittitur should...

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