Heberer v. Duncan

FINCH, Judge.

Plaintiff sued for personal injuries, loss of earnings and property damage, to which defendants answered and filed a counterclaim. The jury found for defendants on plaintiff’s petition and for plaintiff on defendants’ counterclaim. Plaintiff appealed to the St. Louis Court of Appeals, which reversed and remanded for new trial. On application, the case was transferred to this court, and we now decide it “the same as an original appeal”. Rule 84.05(h), V.A.M.R.; Mo.Const., Art. V, § 10, (1945), V.A.M.S. We reverse and remand for new trial.

The collision out of which this action…