Inter-State Motor Freight System v. Morgan

Crumpacker, J. —

On February 23, 1943, this court filed its opinion in the above entitled cause wherein the judgment of the Morgan Circuit Court -was reversed with instructions to grant appellant a new trial with leave to file such additional paragraphs of answer as would fully present the issues between the parties upon a retrial of the cause. This mandate was predicated upon a holding that the trial court had abused its discretion in refusing to permit the appellant to file an additional paragraph of answer after the trial had commenced and certain evidence had been rejected because it…