MELTON v. ACF INDUSTRIES, INCORPORATED

No. 31849.

404 S.W.2d 772 (1966)

Arthur MELTON, (Plaintiff) Respondent, v. ACF INDUSTRIES, INCORPORATED, (Defendant) Appellant.

St. Louis Court of Appeals. Missouri.

June 14, 1966.


Attorney(s) appearing for the Case

J. C. Jaeckel, Moser, Marsalek, Carpenter, Cleary & Jaeckel, St. Louis, for appellant.

Edmund W. Albright, St. Louis, William L. Mason, Jr., Galena, for respondent.


RUDDY, Judge.

Plaintiff alleged that while he was an invitee of defendant he slipped and fell by reason of "rotten, slick and broken" wooden boards in a "platform" set approximately one-half inch below the surface of a concrete sidewalk and was injured. A jury trial resulted in a verdict for plaintiff for the sum of $8500. A remittitur of $3500 was ordered by the trial court. Plaintiff complied with said order and defendant appealed from the ensuing judgment of $5000...

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