McPhail v. Atlantic Coast Line Railroad

The plaintiff insists that the trial judge erred in disallowing the following amendment: “And said defendant was further grossly negligent in failing to see said train upon said track, and in failing to stop or turn said vehicle so as to avoid a collision with said train.” The defendants objected to the amendment as a conclusion of the pleader without any facts alleged upon which to base the conclusion pleaded. The amendment stated a mere conclusion and the trial judge did not err in disallowing it.

The petition as amended alleged no act of negligence on the part of the defendants Guy L. Bynum…