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DINTELMAN v. McHALFFEY

No. 53355.

435 S.W.2d 633 (1968)

Ola M. DINTELMAN and Harvey P. Dintelman, Respondents, v. Harvey McHALFFEY, Defendant, and Burnice B. Cates and Jones Truck Lines, Inc., a Corporation, Appellants.

Supreme Court of Missouri, Division No. 2.

December 31, 1968.

Attorney(s) appearing for the Case

Cox, Cox, Cox & Moffitt, Dallas W. Cox, William A. Moffitt, Jr., Dallas W. Cox, Jr., St., Louis, for plaintiffs (respondents).

John P. Montrey, St. Louis, for appellants.

PRITCHARD, Commissioner.

The individual defendants, Burnice B. Cates and Jones Truck Lines, Inc., appeal from an order of the trial court awarding plaintiffs a new trial (as to all parties-defendant) on the ground that the jury's verdict was "against the weight of the evidence." These defendants say that the court abused its discretion in awarding a new trial as to them because there was no case made by plaintiff in that Cates' failure to sound a warning before starting...

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