Gill v. Wall

SIMS, Justice.

■This is a second appeal and the former opinion, Wall v. Gill, 311 Ky. 796, 225 S.W.2d 670, 14 A.L.R.2d 857, contains the facts and a full discussion of the law applicable thereto. Upon the return of the case plaintiff tendered an amended petition which the court refused to let be filed. , The sole question now before us is whether it was error to deny plaintiff the right to file this amendment.

We give in substance the pleadings of the parties, The original petition averred “that the defendant by and through her said servant and agent was negligent in giving to the plaintiff a…