Sohman v. Metropolitan Street Railway Co.

The amendment of the complaint by increasing the amount of damages claimed was granted at the close of the case after alLthe evidence was before the court. The argument was made in the absence of the jury, which had left the court room by direction of the presiding justice, and in accordance with his instructions no piention was made of the granting of such motion by counsel in summing up to the jury. Counsel for defendant pleaded surprise, and requested that a juror he withdrawn, and urged that the motion should be made at Special Term. There' could not be and there was no surprise on the…