Ark. State Hwy. Comm. v. Schmoll

John A. Fogleman, Justice.

I respectfully dissent. I find appellant’s claim of surprise without merit.

Appellee Schmoll claimed no damages which could not have been contemplated upon the filing of the complaint. Under similar circumstances, this court has held that there was no abuse of the trial court’s discretion in denying a continuance because of allegations con-tamed in a substituted answer filed on the calling of a case for trial. Ft. Smith & Van Buren Bridge Dist. v. Scott, 103 Ark. 405, 147 S.W. 440. The reasoning of that case should be applied here.

I do not agree with the implication…