MARTIN v. SITZ

No. 31720.

381 S.W.2d 609 (1964)

Norma Dean MARTIN, Plaintiff-Respondent, v. Hubert Ray SITZ, Defendant-Appellant.

St. Louis Court of Appeals. Missouri.

Rehearing Denied September 16, 1964.


Attorney(s) appearing for the Case

Carter, Fitzsimmons & Brinker, Bernard C. Brinker, Clayton, for defendant-appellant.

Donald S. Hilleary, Clayton, for plaintiff-respondent.


L. F. COTTEY, Special Judge.

Plaintiff was injured when the automobile in which she was a passenger was struck from the rear by one driven by defendant. On trial of her action for damages the jury returned a verdict for defendant. Thereafter the trial court sustained plaintiff's motion for new trial on the sole ground that prejudicial error had been committed in the giving of defendant's Instruction 7. Defendant appeals from that ruling.

The Martin car in...

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