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LUPKEY v. WELDON

No. 51811.

419 S.W.2d 91 (1967)

Dean LUPKEY, Plaintiff-Appellant, v. William H. WELDON, News Tribune Company, a Corporation, and Jefferson Television Company, a Corporation, Defendants-Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 9, 1967.

Attorney(s) appearing for the Case

Robert Kingsland, Cullen Coil, Jefferson City, for appellant, Carson, Inglish, Monaco & Coil, Jefferson City, of counsel.

Lon Hocker, St. Louis, for respondents, Hocker, Goodwin & MacGreevy, St. Louis, of counsel.

DONNELLY, Judge.

This is a libel action. Plaintiff had a jury verdict of $1,000 actual damages and $50,000 punitive damages. The trial court granted defendants a new trial on the sole ground that the verdict was "against the weight of the evidence." Plaintiff appealed.

Plaintiff concedes that a new trial may be granted in a libel action on the ground that the verdict was against the weight of the evidence. 53 C.J.S. Libel and Slander § 234, p. 359; Johnson...

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