Davidson

This is an appeal from a judgment in a personal injury action, arising out of an automobile collision, wherein the plaintiff was awarded damages in the sum of three thousand dollars.

Appellants’ first point is based upon the claim that the damages awarded are excessive. The plaintiff, eighty-three years of age, suffered a complete fracture of the left ulna and of the fourth and fifth ribs on the left side. The collision occurred in April, 1930, and there is evidence that from the time of the accident she failed both physically and mentally; that prior to the accident she was very active both mentally and physically and read a great deal, but after the accident she lost all interest in reading and in her former activities and had not recovered at the time of the trial, which was had nearly a year later. Under the circumstances we cannot say that the award of the jury, sustained by the trial court, was other than the result of an honest and sober conclusion warranted by the facts.

The other point raised is that the trial court erred in refusing to allow the defendants, during the trial, to amend the answer so as to allege contributory negligence and that the plaintiff and the…