Collier v. Roth

TITUS, Presiding Judge.

The jury concluded that plaintiff had been damaged in the sum of $3,000 because of defendant’s violations of the Unfair Milk Sales Practices Act1 by selling milk at retail for less than cost. § 416.425. In response to plaintiff’s claim that § 416.-455 2 required recovery of three times the actual damages awarded, the trial court entered a $9,000 judgment. Among other things on appeal, defendant asseverates that allowance of the statutory penalty was discretionary with the trier of the facts and that the jury, rather than the trial court, should have determined whether…