Lappin v. Prebe

This is an appeal by defendants Albert and Fred Prebe, father and son, engaged as partners in a trucking business, from an order sustaining plaintiff's, Edith Lappin's, motion for new trial in an action for $10,000 damages for the alleged wrongful death of her husband, R.C. Lappin. [1] The court assigned error in the giving of instructions on behalf of defendants as the ground for new trial. Defendants' principal contention is that plaintiff failed to make a case. Of course, a defendant's instructions do not prejudice a plaintiff who has no case. [Traner v. Sphalerite Mining Co., 243 Mo. 359,…