CLARK v. QUALITY DAIRY COMPANY

No. 51242.

400 S.W.2d 78 (1966)

Bennett Marsh CLARK, (Plaintiff) Respondent, v. QUALITY DAIRY COMPANY, a Corporation, and William D. Kostedt, (Defendants) Appellants.

Supreme Court of Missouri, Division No. 1.

March 14, 1966.


Attorney(s) appearing for the Case

A. H. Hamel, Clayton, for respondent.

Robert Nagel Jones, Gentry, Bryant & Sheppard, Arnot L. Sheppard, St. Louis, for appellants.


WELBORN, Commissioner.

This is an action for $26,457.00 damages for personal injuries and property damage, arising out of an automobile accident. A jury returned a verdict for defendants. The trial court, on its own motion, ordered a new trial. Defendants appeal from such order.

The issues here presented require only a brief statement of facts. On August 23, 1961, plaintiff was driving east on Route 30, in the vicinity of Murphy, in Jefferson County. He overtook...

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