Herrin Motor Lines, Inc. v. Jarvis

WALLER, Circuit Judge.

This is a personal injury case tried by the Court without a jury, wherein judgment was rendered for the plaintiff under a complaint alleging that the defendant (appellant here) was guilty of negligence in failing to furnish the plaintiff with sufficient help to perform the work which he had been commanded to do and in the attempted performance of which he received injuries as a proximate result of said negligence.

Appellant urges here:(a) That the Court erred in allowing an amendment to the complaint, shortly prior to the trial, as to the nature of the negligent act…