Brautigam v. Brooks

ASHBURN, J. *

Plaintiff appeals from judgment for defendants in a personal injury action wherein her automobile, while standing at a street intersection, was struck in the rear by a car driven by defendant Ruth Adele Brooks. 1

Appellant’s major contention is that the court erred prej udieially in permitting defendants to amend the answer after the evidence was closed, professedly to conform to the proof, by reasserting a plea of contributory negligence which they had withdrawn before the jury was selected. Appellant claims that there was no evidence of contributory negligence, that, if there…