Hunt v. Cranford

Two’questions are decisive of this appeal. First, did the court commit error in denying the defendant’s motion to amend the answer by setting up the judgment in the Summey ease? Second, *384did the court commit prejudicial error in failing to charge the effect of plaintiff’s excessive speed, or lack of it, on the issue of plaintiff’s contributory negligence?

As to the first question, did the court act as a matter of discretion (not reviewable) or as a matter of legal right (reviewable) in denying the defendant’s motion to amend the answer by setting up res judicata in bar of plaintiff’s right to…