Barnes v. Vandergrift

Action for damages to plaintiff’s automobile in collision with defendant’s automobile. Plaintiff obtained verdict and judgment, which the trial court set aside and ordered judgment entered for defendant. Plaintiff appealed to the Springfield Court of Appeals which reversed the judgment and directed that judgment be entered for plaintiff. (Barnes v. Vandergrift, 263 S. W. (2d) 735; for previous appeal see 238 S. W. (2d) 439.) We transferred the case because the Court of Appeals did not pass on all the questions raised.

Defendant contends that plaintiff failed to make a jury case because he…