Missouri Court of Appeals October 6, 1971, 33957 (Jones Ex Rel. Auberry v. Allen)

SMITH, Commissioner.

Plaintiff appeals from the action of the trial court in sustaining defendant’s motion for a new trial following a jury verdict and judgment in plaintiff’s favor of $8000. The court’s award of a new trial was based upon its conclusion that the damage instruction given (M.A.I. 4.