Martin v. Momyer

In his original petition plaintiff alleged that the defendant was reckless in the operation of his automobile at the time in question in several particulars, not including intoxication. In his first amendment to the petition, he alleged that the injuries were “approximately caused” as a result of the defendant being under the influence of intoxicating liquor. By a second amendment, he struck the allegation of the first amendment and in substitution alleged that the defendant’s ‘ ‘ being under the influence of intoxicating liquor was the proximate cause of the damage and injury.”

In the…