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PENN v. COLUMBIA ASPHALT COMPANY

No. KCD 26184.

513 S.W.2d 679 (1974)

Frankie R. PENN and Patsy Mae Penn, Plaintiffs-Appellants, v. COLUMBIA ASPHALT COMPANY, a Missouri corporation, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied August 5, 1974.

Application to Transfer Denied October 14, 1974.

Attorney(s) appearing for the Case

Roger D. Hines, Columbia, for plaintiffs-appellants.

Hendren & Andrae, Alex Bartlett, Jefferson City, for defendant-respondent.

Before DIXON, C. J., and SHANGLER and WASSERSTROM, JJ.

SHANGLER, Judge.

The plaintiffs Frankie R. Penn and Patsy Mae Penn, his wife, appeal from an order for new trial in favor of defendant Columbia Asphalt Company after the return of jury verdicts of $32,000 for Frankie R. Penn for personal injuries and of $4,000 for Patsy Mae Penn for loss of services. The grant of new trial was for error in Instruction No. 2 on the burden of proof and in Instruction No. 4 on the claim of Patsy Mae Penn for loss of consortium. We reverse...

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