Bayer v. Ralston Purina Company

DONNELLY, Judge.

This case was transferred to this Court by the St. Louis Court of Appeals. (Bayer v. Ralston Purina Company, Mo.App., 463 S.W.2d 546.)

Agnes Bayer, the owner of a registered Appaloosa horse, seeks damages for the taking of a photograph of her horse and the subsequent use of that photograph in defendant’s advertisements without her permission. A verdict of $5000 was returned by the jury. The trial court sustained defendant’s motion for a new trial. Plaintiff appeals from that action. Defendant asks that we remand with directions to enter judgment for defendant.

The facts are not…