Frazier v. Calhoun

AYRES, Judge.

This is an action in tort wherein plaintiff seeks to recover of the defendant property damage to his automobile sustained when struck by a vehicle owned and allegedly driven by defendant. Defendant’s answer was in the nature of a general denial. Nevertheless, in answer to written interrogatories, defendant admitted that he was driving his car at the time of the accident. However, as reflected in a stipulation of facts, plaintiff, on trial of the case, testified, in contradiction of his allegations, that defendant’s car was, at the time of the accident, driven by a woman unknown…