Jones v. Britt

S. D. Jones brought suit against M. A. Britt for personal and property damages. The case proceeded to trial .before a jury. After the introduction of evidence by the plaintiff, he offered an amendment to his original petition by add ing thereto a second 'count. The trial judge struck paragraph eight of the second count which alleged that the plaintiff “shows that under the facts and circumstances of this case he is entitled to punitive damages,” but allowed the remainder of the second count.

The defendant then made a motion for nonsuit. The judge ruled: “The motion for nonsuit having been made…