Curtis v. Fruin-Colnon Contracting Co.

On Motion For Rehearing Or To Transfer To The Court en Bano.

PER CURIAM:

Plaintiff’s motion for rehearing or to transfer to the Court en Banc is overruled. However, since we have ruled there was no error affecting the issues of liability, the third alternative of plaintiff’s motion, for a retrial on the issue of damages only, should be sustained. (See See. 510.330, RSMo 1949; Lilly v. Boswell, (Mo. Sup.), 242 S. W. (2d) 73, 78, 79; Spalding v. Robertson, 357 Mo. 37, 50, 206 S. W. (2d) 517, 523.) The errors requiring reversal affected only the issue of the amount of damages.

It is, therefore, ordered that the order of remand heretofore made be modified and that the cause be remanded for retrial on the issue of damages only.