Asher v. Continental Construction Corp.

The petition filed in this case consisted of three counts. During the trial of the case the first count was dismissed. The abstract of record states that all of the third count was dismissed except the claim therein made for damages to a bridge. The third count contains no allegations in relation to damages to a bridge or any reference of any kind to a bridge. Appellee states in argument that plaintiff dismissed count I and all claims for damages in count II except as to the bridge. The case is presented in this court as if the claims for damages to the bridge made in count II of the petition…