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HOLCROFT v. MISSOURI-KANSAS-TEXAS R. CO.

No. KCD 30423.

607 S.W.2d 158 (1980)

John S. HOLCROFT, Jr., Respondent, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 7, 1980.

Application to Transfer Denied May 1, 1980.

Attorney(s) appearing for the Case

Daniel M. Dibble, Kansas City, for appellant.

Clyde G. Meise, Mark A. Thornhill, Meise, Cope & Coen, Kansas City, for respondent.

Before WASSERSTROM, C. J., Presiding, and WELBORN and MURPHY, Special Judges.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 7, 1980.

J. DONALD MURPHY, Special Judge.

Plaintiff obtained a verdict for $1.00 nominal damages and $75,000 punitive damages against the defendant railroad for failure to comply with the service letter statute, Section 290.140, RSMo 1978. Defendant on this appeal contends that the trial court erred in submitting the issue of punitive damages to the jury without either a submission and...

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