Monroe Motor Express v. Jackson

(After stating the foregoing facts.) The contention of the defendant Motor Express, that the original petition did not contain enough to amend by, and that the court erred in allowing the plaintiff to amend it, is not well taken. “A petition showing a plaintiff and' a defendant, and setting out sufficient to indicate and specify some particular fact or transaction as a cause of action, shall be enough to amend by.” Code, § 81-1302. The cause of action declared on in the original petition was the death of the plaintiff’s husband, which the petition alleged was the proximate result of specified…