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BURKE v. STIX, BAER & FULLER CO.

No. 43693.

264 S.W.2d 337 (1954)

BURKE v. STIX, BAER & FULLER CO.

Supreme Court of Missouri. Division No. 2.

February 8, 1954.

Attorney(s) appearing for the Case

Moser, Marsalek, Carpenter, Cleary & Carter, Lee M. Carter, Walter K. Streutker, St. Louis, for appellant.

Champ C. Stonebraker, St. Louis, for respondent. Dyer, Boland, Gray & Dreher, Charles E. Gray, St. Louis, of counsel.

WESTHUES, Commissioner.

Plaintiff filed this suit to recover damages in the sum of $10,000 for alleged injuries claimed to have been sustained as a result of being stepped on by a waitress in the defendant's restaurant. A jury trial resulted in a verdict for the defendant. The trial court sustained plaintiff's motion for new trial on the ground that the court erred in giving an instruction on the theory that plaintiff's injuries were the result of an accident. From...

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