Massachusetts Supreme Judicial Court, 1894

Graves v. New York & New England Railroad

Graves v. New York & New England Railroad
Massachusetts Supreme Judicial Court · Decided January 6, 1894 · Field
160 Mass. 402; 35 N.E. 851; 1894 Mass. LEXIS 288

Graves v. New York & New England Railroad

Opinion of the Court

Field, C. J.

The defendant’s counsel relies only on the first exception. The Superior Court, on the plaintiff’s motion, permitted the plaintiff by amendment to change the ad damnum of the writ from $10,000 to $15,000, and refused to rule that it had no power to permit the ad damnum to be increased, and to this the defendant excepted. We have no doubt that the court had the power. Ellis v. Ridgway, 1 Allen, 501. Hart v. Waitt, 3 Allen, 532. Exceptions overruled.

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