Leehy v. Supreme Express & Transfer Co.

This case was transferred to this Court under Rule 83.06 after opinion by the Missouri Court of Appeals, Eastern District. The single issue upon which transfer was granted is whether it was proper for plaintiff to comment during closing argument on defendant’s failure to call as a witness one of defendant’s employees. That issue is addressed in Part IV of this opinion, which borrows liberally from the opinion of Judge Gunn for the court of appeals. The remainder of Judge Gunn’s opinion, which sets forth the facts of the case and addresses appellant’s remaining contentions, is incorporated…