#### Elaine WARREN, A Minor, and William C. WARREN v. Betty HAYES

73-138

500 S.W. 2d 923

Opinion delivered November 13, 1973

Cockrill, Laser, McGehee, Sharp ir Boswell, for appellants.

Howell, Price, Howell ir Barron, for appellee.

Conley Byrd, Justice.

Late in the afternoon of the day before trial of this rear end automobile collision case appellants Elaine Warren, a minor, and William C. Warren amended their general denial answer to plead contributory negligence. Over objections of appellee Betty Hayes and notwithstanding a motion for a continuance, the case was tried to a jury resulting in a $1,000 personal injury verdict. The trial court granted appellee a new trial. We cannot say that the trial court abused its discretion under the circumstances.

Affirmed.