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PORTELL v. PEVELY DAIRY COMPANY

No. 50575.

388 S.W.2d 790 (1965)

Myrtie G. PORTELL, Plaintiff, Appellant, v. PEVELY DAIRY COMPANY, a Corporation, Defendant, Respondent, and James W. Bannon, Defendant, Respondent.

Supreme Court of Missouri, Division No. 1.

April 12, 1965.

Attorney(s) appearing for the Case

Lashly, Lashly, Rava, Hyndman & Rutherford, William I. Rutherford, St. Louis, for plaintiff, appellant.

Albrecht & Homire, Edmund C. Albrecht, Jr., James L. Homire, Jr., St. Louis, for defendant-respondent Pevely Dairy Co.

WELBORN, Commissioner.

Myrtie G. Portell brought suit for $25,000 damages against Pevely Dairy Company (referred to herein as "Pevely") and James W. Bannon. The action arose out of a collision between Mrs. Portell's automobile and a Pevely delivery truck, driven by Bannon, a Pevely employee. Bannon filed a counterclaim against Mrs. Portell for his injuries in the collision. On a jury trial, a verdict was returned against the plaintiff and in favor of both defendants...

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