Brown v. Nelson

This is an action for personal injuries sustained when plaintiff was struck by defendant’s automobile. Verdict was for the plaintiff, and when judgment was entered thereon defendant entered an appeal.

But two questions are presented to us: the first arising over an amendment ordered at the time of trial; and the second being the usual one of whether respond ent was guilty of contributory negligence as a matter of law.

The complaint alleged that the defendant was driving his automobile in a wanton, reckless and negligent manner, in that he failed to keep a lookout;

“ • . •. that the plaintiff was…