[DOWNLOAD] "Catherine Fehlbaum v. Newhouse" by Missouri Court of Appeals St. Louis District # eBook PDF Kindle ePub Free
eBook details
- Title: Catherine Fehlbaum v. Newhouse
- Author : Missouri Court of Appeals St. Louis District
- Release Date : January 18, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
On August 7, 1967, Catherine Fehlbaum was attending the telecasting of the ""Charlotte Peters Show"" at the studios of KTVI, operated by defendant. Following the telecast, Mrs. Fehlbaum fell off a platform and injured herself. The resulting lawsuit produced a jury verdict for defendant. The trial court sustained plaintiff's motion for new trial without specifying any grounds and defendant appeals. Under Supreme Court Rule 84.05(b) and (c), the trial court's action is presumed erroneous and plaintiff bears the burden of establishing the correctness of the action. We are not permitted to presume such action was based upon discretionary grounds. Plaintiff attempts to meet the burden by premising error in the giving of defendant's contributory negligence instruction based upon failure to keep a careful lookout and the giving of defendant's converse instruction.