Macy v. City of Rosedale

The opinion of the court was delivered by

DawsoN, J.:

The plaintiff recovered damages against the city of Rosedale because of injuries she sustained in being tripped and thrown by a defective sidewalk.

The city assigns error in permitting the plaintiff to amend her petition during the trial so as to introduce an allegation that her earning power had been reduced or destroyed by reason of her injuries. But the city’s physician had examined the plaintiff’s injuries a month before the trial, and when he testified he avoided a direct answer to the question whether her injury was a lasting or perma*343nen…