Krudwig v. Koepke

The defendant Kaehne contends that the court erred in permitting plaintiff to file an amended complaint and in overruling the defendant Kaehne’s plea that the causes of action set out in the plaintiff’s complaint were barred by the statute of limitations. In the complaint upon which the first action was tried it was alleged:

“That A1 Koepke and Anton Kaehne assaulted and violently beat the plaintiff.”

Recovery was sought for the damages caused by the assault. While the complaint in the first case implied that the defendant Kaehne personally took part in the assault and *3battery, the evidence…