Budiselich v. Rigsby

OPINION

PARROTT, Presiding Judge.

In this personal injury action growing out of an automobile wreck, the jury returned a verdict in favor of the defendant Rigsby and against the plaintiff Budiselich. Plaintiff has appealed from the action of the circuit judge in overruling his motion for new trial and entering judgment in accord with the jury’s verdict.

In this appeal it is insisted it was error to grant defendant’s motion to amend including an averment of plaintiff’s reckless driving after the close of the proof and arguments of counsel; it was error to charge the jury on the averment of…