Nolan v. Joplin Transfer & Storage Co.

We shall refer to appellant as defendant and respondent as plaintiff in the course of this opinion.

Plaintiff instituted this suit by filing a petition, April 23, 1945, in the Jasper County Circuit Court, asking for damages for personal injuries in the sum of $25,000. Defendant, in due time, filed his answer and plea to the jurisdiction. Subsequently, on a trial to a jury, a verdict was returned for plaintiff and against the defendant for $5,000. Being unsuccessful in its motion for a new trial defendant duly appealed to this court.

The petition alleges that the defendant requested or invited…