WEYGANDT, C. J.
The plaintiff contends that he is entitled to recover on either or both of the theories of negligence and implied warranty.
However, neither was mentioned in his original petition. But at the inception of the trial he obtained leave of the court to amend his petition by interlining the two phrases, "by the negligence of the defendant" and "impliedly warranted to be fit for the purposes for which it was manufactured."
In his opening...
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