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HARTFORD ACC. & INDEM. CO. v. J & S SEWER CONST. CO.

No. 37303.

556 S.W.2d 206 (1977)

HARTFORD ACCIDENT AND INDEMNITY COMPANY, Plaintiff-Appellant, v. J & S SEWER CONSTRUCTION COMPANY, INC., and Fee Fee Trunk Sewer, Inc., Defendants-Respondents.

Missouri Court of Appeals, St. Louis District, Division Four.

September 6, 1977.

Attorney(s) appearing for the Case

Kortenhof & Ely, Robert L. Nussbaumer, St. Louis, for plaintiff-appellant.

Fitzsimmons & Fitzsimmons, Attys., Inc., Daniel J. McMichael, Clayton, for Fee Fee Trunk Sewer, Inc.

David Welsh, Bridgeton, for J & S Sewer Const. Co., Inc.

NORWIN D. HOUSER, Special Judge.

Hartford Accident and Indemnity Company recovered a judgment for $5,000 in its suit for subrogation against J & S Sewer Construction Company and Fee Fee Trunk Sewer, Inc. Defendants' motions for a new trial were sustained. Hartford appealed.

A new trial was granted for failure on the part of Hartford to make proof in four respects, which we consider in order.

First, failure to present evidence of plaintiff's corporate...

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