MILLER v. ILER

No. 10094.

556 S.W.2d 492 (1977)

M. C. MILLER, d/b/a Miller Auto Sales, Plaintiff-Respondent, v. Linda Lee Hodge ILER, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

September 20, 1977.


Attorney(s) appearing for the Case

Dan L. Birdsong, Routh, Thomas & Birdsong, Rolla, for plaintiff-respondent.

Jerry L. Wilkerson, Ball & Wilkerson, Salem, for defendant-appellant.

Before BILLINGS, C. J., and STONE and TITUS, JJ.


BILLINGS, Chief Judge.

A Phelps County jury denied recovery on plaintiff's petition and defendant's counterclaim for damages, allegedly resulting from a collision of two vehicles. Defendant appealed, claiming the court erred in not excluding the testimony of the investigating highway patrolman called by plaintiff because this witness had not been disclosed by plaintiff in answer to a continuing interrogatory filed by the defendant. We affirm.

Defendant's interrogatory...

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