Palmer v. Hygrade Water & Soda Co.

This is an appeal by defendant, Pepsi-Cola Company of St. Louis, from a judgment of the Circuit Court of the City of St. Louis sustaining plaintiff’s motion for a new trial, following a jury verdict for the defendant. For the purposes of this appeal respondent concedes that the statement of appellant as .set forth in its brief is acceptable and may be adopted. Such statement is adopted and is as follows:

"This action was instituted in the Circuit Court of City’ of St. Louis, Missouri, on August 23, 1939, by plaintiff; thereafter plaintiff filed an amended petition and defendants filed their…