Boyd v. Close

Plaintiff in error brought this action against defendants in error for damages occasioned by an automobile collision. The parties are hereinafter referred to as in the trial court, or by name.

At the close of plaintiff’s evidence the court sustained Mrs. Phillips’ motion for a nonsuit as to her. At the close of all the evidence the court overruled plaintiff’s motion to amend his complaint to conform to the proof by alleging a joint enterprise, and sustained the motions of Close and Phillips for directed verdicts as to them. Motion for new trial was overruled and to review the judgment…