Bice v. Birk

CLEMENS, Commissioner.

Action for damage to plaintiff’s automobile. She prevailed in the magistrate court, but on trial de novo in the circuit court the defendant got the verdict and judgment. The plaintiff appeals.

The defendant has moved to dismiss plaintiff’s appeal for failure of her brief to comply with Civil Rule 83.05, V.A.M.R. Most of defendant’s criticism is valid. One point raised concerns the exclusion of plaintiff’s evidence tending to show specific negligence. Although not properly preserved for review, we consider the point under Civil Rule 79.04, V.A.M.R., since we believe the…