Hinckley v. Marsh

Defendants complain because the witness, Beulah Hinckley, was permitted to answer the following question:

“And will you tell the jury how your mother has been since she was hurt, as compared with her condition before?”

The objection was based on the ground that there was no claim for permanent injury in the complaint. The complaint contains this allegation: “ * * and she has been rendered permanently sick and sore.”

That is sufficient allegation of permanent injuries to sustain the ruling of the court.

Defendants moved for a judgment of nonsuit upon the ground that the evidence presented was not…