Thomas v. Haspel

Eldred, District Judge.

Action to recover for injuries sustained by plaintiff, Bertha Thomas, due to the alleged negligence of the defendant, Albert Haspel, in the operation of his automobile. There was a verdict for plaintiff for $3,000. Motion for a new trial was overruled, and judgment entered on verdict. Defendant appeals.

Error is assigned in permitting appellee to amend her petition during trial to conform to the proof. The al*257legations of the petition, as originally filed, with reference to injuries, were: “That she sustained an incised wound over the left eye, several inches in length,…