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DUKE v. PLACKE CHEVROLET, INC.

No. 54433.

443 S.W.2d 433 (1969)

Joseph F. DUKE, Sr., Respondent, v. PLACKE CHEVROLET, INC., and Don Placke, Appellants.

Supreme Court of Missouri, Division No. 1.

June 9, 1969.

Attorney(s) appearing for the Case

Henry G. Morris, St. Louis, for respondent.

Goldenhersh & Newman and Leo M. Newman, St. Louis, for defendants-appellants.

LAURANCE M. HYDE, Special Commissioner.

Action for $475.00 actual and $25,000.00 punitive damages. Defendants had a counterclaim for $173.18. The court refused to submit punitive damages and plaintiff had a verdict for $397.50 for actual damages and in his favor on defendants' counterclaim. The court sustained plaintiff's motion for new trial on the ground "plaintiff should have had the issue of punitive damages passed upon by the jury." Defendants appealed from this...

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