Saupe v. Kertz

HENLEY, Judge.

This is an action for damages for personal injuries suffered in a collision of two motor vehicles. Verdict and judgment were for defendant and plaintiff appealed to the Court of Appeals, St. Louis district. That court affirmed. On application of appellant we ordered the case transferred to this court. Mo.Const. Art. V, § 10, V. A.M.S.; Rule 83.03, V.A.M.R. 1 We reverse and remand, because the trial court gave a contributory negligence instruction not supported by evidence.

During the early morning hours of August 21, 1968, Clarence T. Saupe, aged 63, left his home in Jackson,…