ROSE v. MISSOURI PUBLIC SERVICE CO.

No. KCD 29828.

586 S.W.2d 767 (1979)

C. E. ROSE, Respondent, v. MISSOURI PUBLIC SERVICE COMPANY, Appellant.

Missouri Court of Appeals, Western District.

September 4, 1979.


Attorney(s) appearing for the Case

Wm. H. Sanders, D. Brook Bartlett, Judith Paxton Rea, Kansas City, for appellant.

Leon G. Kusnetzky, Robert C. Carter, Alan D. Schwartz, Leon G. Kusnetzky, P. C., Kansas City, for respondent.

Before HIGGINS, Special Judge, Presiding, SWOFFORD, C. J., and WELBORN, Special Judge.


ANDREW JACKSON HIGGINS, Special Judge.

Action by C. E. Rose against Missouri Public Service Company for damages for willful and wanton termination of electrical service. Verdict for defendant; new trial to plaintiff on giving of instruction on behalf of defendant defining "willfullness" and "wanton act." Reversed.

Plaintiff alleged that defendant "willfully and maliciously" interrupted electrical service to his calf feeding operation. The action was based...

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