Clinton v. Thornhill

This is an action for damages for personal injuries arising from an automobile accident. The case was tried before a jury which returned a verdict in favor of the plaintiff in the sum of $15,000. Defendants appeal from the resulting judgment. We affirm.

Defendants’ first assignment of error is that the trial court erred in allowing plaintiff to amend her complaint at the conclusion of the testimony so as to conform to the proof by adding an allegation that her earning capacity had been impaired. Defendants say that this amendment came too late and resulted in prejudice to defendant Thornhill.…