Herrin Transportation Co. v. Parker

COLEMAN, Justice.

This is a suit for damages for personal injury. A judgment for the plaintiff was entered on a jury verdict. The principal questions raised on this appeal concern whether the trial court abused his discretion in refusing to permit the filing of an amended answer raising for the first time the defenses of contributory negligence and unavoidable accident when such answer was presented during the trial; whether the plaintiff by pleading that “he was proceeding in a careful and prudent manner,” and “having due regard for his own safety and the safety of others” so anticipated the…