KIRKENDALL v. TOWNSEND

No. 37863.

559 S.W.2d 561 (1977)

Homer KIRKENDALL and Wilma Kirkendall, Plaintiffs-Respondents, v. Les TOWNSEND d/b/a Reliable Sewer Cleaners and Raymond L. Boyd, Defendants-Appellants, and Laclede Gas Company, Intervening Plaintiff-Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

November 29, 1977.


Attorney(s) appearing for the Case

Barnard & Baer, Richard O. Funsch, St. Louis, for defendants-appellants.

Dorsey & Aulbert, Gerard M. Dorsey, St. Louis, for plaintiffs-respondents.


McMILLIAN, Judge.

Defendant-appellant appeals from the circuit court of St. Louis City where the court granted plaintiffs' motion for a new trial after the jury returned a verdict for the defendant. The basis for the new trial stems from the prejudicial effect of an instruction which deviated from the applicable Missouri Approved Instructions. Appellant does not raise issues relating to the weight of the evidence; therefore, only a brief review of the facts is presented...

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