Dean C. Sharp v. James I. Robberson

After opinion of the Missouri Court of Appeals, Springfield District, and on application of plaintiffs-appellants, we transferred this cause to the Supreme Court and will determine the same as on original appeal. Mo. Const., Art. V, § 10, as amended 1970; Rule 83.09. The principal basis for the transfer was to consider and determine whether the opinion of the court of appeals, which followed its prior case of Ervin v. Coleman, 454 S.W.2d 289 (Mo. App. 1970), on a question pertaining to the submission of punitive damages, is in conflict with the decision of this court in Reel v. Consolidated Inv. Co., 236 S.W. 43 (Mo. 1921) and other decisions following Reel. The court has considered defendant-respondent's motion to dismiss the appeal and overrules the motion.