Druska v. Western Wisconsin Telephone Co.

The summons and complaint were served August 8, 1921, and the complaint alleged the accident occurred on the 26th day of August, 1921. On the trial the court allowed the complaint to be amended by alleging the 28th day of July, 1921, to be the time of the accident and by changing the place thereof from about 100 feet west of a designated point to about 300 feet west therefrom. The defendant assigns error because the court refused a continuance on account of the amendments. That a wrong' date *623was alleged was apparent. The trial began September 15, 1921. Before acting upon the motion for a…