Block v. Rackers

256 S.W.2d 760 (1953)

BLOCK

v.

RACKERS et al.

No. 42918.

Supreme Court of Missouri, Division No. 1.

March 9, 1953.

Rehearing Denied April 13, 1953.

Roy Coyne, Joplin, for appellants.

Burden & Shortridge, Joplin, for respondent.

DALTON, Judge.

Action for damages for the wrongful death of plaintiff's husband. Section 537.080 RSMo 1949, V.A.M.S. Verdict and judgment were for plaintiff for $15,000 and defendants have appealed. Error is assigned on the giving of Instruction P-1 and on the court's action in permitting plaintiff's counsel to argue to the jury that defendant Rackers had not testified in the…