Gilmore Ex Rel. Gilmore v. Union Construction Co.

STOCKARD, Commissioner.

In plaintiff’s action for damages for personal injuries in the amount of $50,000, the jury verdict was for defendant and plaintiff has appealed. The only contentions of plaintiff are that prejudicial error resulted from defendant’s oral argument and that an instruction is erroneous. Our statement of facts need not be in detail.

Plaintiff and his girl friend had been to a drive-in theater on the evening of November 12, 1965. After the show, and at about 12:30 o’clock of the following morning, plaintiff drove his father’s 1966 Ford south from Springfield, Missouri, on…