No. 49689.

372 S.W.2d 98 (1963)

Helen C. ZALLE, Respondent, v. Melvin C. UNDERWOOD, Appellant.

Supreme Court of Missouri, Division No. 1.

November 11, 1963.

Attorney(s) appearing for the Case

Goldenhersh, Goldenhersh, Fredericks, Newman & Lane, Henry J. Fredericks and Frank J. Lane, Jr., St. Louis, for (plaintiff) respondent.

Guilfoil, Caruthers, Symington & Montrey, John P. Montrey and Jerome F. Raskas, St. Louis, for (defendant) appellant.

HOUSER, Commissioner.

This litigation arose out of a collision between two automobiles on Lemay Ferry Road in St. Louis County. Plaintiff Helen C. Zalle brought an action for personal injuries, loss of wages, and property damage against Melvin C. Underwood, who filed a counterclaim for the same items of damage. At the close of plaintiff's evidence she dismissed her petition with prejudice, and the case proceeded against plaintiff on defendant's counterclaim. A trial...


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