Safe-Way Cab Service Co. v. Gadberry

Plaintiff was injured on the 24th day of December, 1934, when he was struck by defendant’s taxicab while crossing the street intersection at Fifth and Harvey, Oklahoma City. He obtained a judgment for $2,144.99, from which judgment defendant prosecutes an appeal. The parties will be referred to as they appeared in the trial court.

Defendant first urges that the court erred in permitting a trial amendment. We do not find that the defendant claimed surprise or asked for a continuance. The record is saved by a general statement that it was too late and changed the cause of action. This 'amendment…