Kuhn v. Zabotsky

In answer to the allegation in plaintiff’s petition that as a result of the negligence of the defendant the defendant’s car struck the plaintiff’s car in the rear, the defendant filed an answer which alleges that ‘ ‘ * * * defendant * * * admits that about the time and place set forth in plaintiff’s petition there was a collision between automobiles being operated by the parties hereto,” and denies all other allegations.

During the trial, over objection of the plaintiff, the defendant was permitted to amend his answer, which amendment added the following allegation: “ * * * that at the time of…