HAYES v. JENKINS

No. 7845.

337 S.W.2d 259 (1960)

Milburn E. HAYES, Plaintiff-Respondent, v. Earnie JENKINS, Defendant-Appellant.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Overruled August 3, 1960.


Attorney(s) appearing for the Case

J. Ben Searcy, Eminence, Green & Green, H. D. Green, West Plains, for defendantappellant.

Miller, Fairman, Sanford, Carr & Lowther, William P. Sanford, Mayte Boylan Hardie, Sam F. Hamra, Jr., Springfield, for plaintiff-respondent.


Motion for Rehearing or to Transfer to Supreme Court Overruled August 3, 1960.

RUARK, Judge.

This case concerns the fundamental question of whether one who has been paid for his damages may maintain an action for such.

Plaintiff, now respondent, brought suit for damages to his automobile alleged to have been suffered in a rear-end collision. On May 3, 1955, defendant filed his pleading denominated "Motion to Name Party in Interest," where he alleged...

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