Kuzuf v. Gebhardt

WELLIVER, Judge.

Respondent sued for damages resulting from injuries sustained when struck by appellant’s automobile. The jury returned a *448verdict for appellant. Respondent’s motion for new trial was sustained on the ground that appellant’s verdict directing instruction, submitting the issue of contributory negligence, was prejudicially erroneous. Appellant sought review of the order granting a new trial, and the appeal was transferred after opinion from the court of appeals. We decide the case as though on original appeal, Mo. Const, art. V, § 10, and utilize substantial portions of the…