Court of Appeals of Texas March 7, 1968, 15153 (Herrin Transportation Co. v. Parker)

COLEMAN, Justice.

This is a suit for damages for personal injury. A judgment for the plaintiff was entered on a jury verdict. The principal questions raised on this appeal concern whether the trial court abused his discretion in refusing to permit the filing of an amended answer raising for the first time the defenses of contributory negligence and unavoidable accident when such answer was