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JONES v. ALLEN

No. 33957.

473 S.W.2d 763 (1971)

Wanda JONES, an Infant, by and through her Mother and Next Friend, Annie Auberry, Plaintiff-Appellant, v. Kathryn ALLEN, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or for Transfer Denied November 29, 1971.

Application to Transfer Denied January 10, 1972.

Attorney(s) appearing for the Case

James F. Koester, Kenneth M. Weinstock, St. Louis, for plaintiff-appellant.

Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, F. X. Cleary, J. C. Jaeckel, St. Louis, for defendant-respondent.

Motion for Rehearing or for Transfer to Supreme Court Denied November 29, 1971.

SMITH, Commissioner.

Plaintiff appeals from the action of the trial court in sustaining defendant's motion for a new trial following a jury verdict and judgment in plaintiff's favor of $8000. The court's award of a new trial was based upon its conclusion that the damage instruction given (M.A.I. 4.01 with the parenthetical option relating to future damages) was unsupported by the...

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