Abbott v. Hayes

Before trial, each of the defendants filed a motion for specifications of the negligence relied upon by the plaintiff. In accordance with these motions, the plaintiff filed, in each case, allegations of excessive speed, violation of the law of the road, and failure to keep to the right of the center. In the case of Hayes, the following sentence was added: “and such other act or acts of negligence on his part as the evidence may develop in the course of the trial.” In the case of the defendant Yogel, the following sentence was added: “and such other act or acts, or failure to act, on his part,…