Folken v. Union Pacific Railroad

Plaintiff recovered a judgment for $1,526.40, for damages to his truck, caused by its collision- with defendant’s engine.

*194Plaintiff had alleged and prayed for $879.25. At the conclusion of plaintiff’s testimony on rebuttal, he asked leave to amend the petition to conform to the evidence as to the amount of damages. Defendant objected on the grounds that the request came after the proof was in and without opportunity to meet it, and that the defendant was taken by surprise. The objection was overruled. Plaintiff amended his petition so as to allege and pray for $1,750. The ruling is assigned as…