Sanborn v. Boston & Maine Railroad
Supreme Court of New Hampshire
Motion, to amend a declaration. Transferred from the October term, 1910, of the superior court by Plummer, J. Prior to the April term, 1910, of the superior court, the plaintiff brought an action of assumpsit against the defendants to recover damages for breach of a contract of employment made by their agent in settlement of a claim for personal injuries sustained by the plaintiff while in their employment.
Read the full summary
Motion, to amend a declaration. Transferred from the October term, 1910, of the superior court by Plummer, J. Prior to the April term, 1910, of the superior court, the plaintiff brought an action of assumpsit against the defendants to recover damages for breach of a contract of employment made by their agent in settlement of a claim for personal injuries sustained by the plaintiff while in their employment. Shortly before the October term, 1910, the plaintiff filed a motion asking leave to amend his declaration by striking out the count in assumpsit and substituting a count in case for…
1Opinion of the CourtBingham, J.
The trial justice acted within his authority in suspending Rule 16 of the superior court. Petition of Rindge, 54 N. H. 106, 108; Eastman v. Company, 44 N. H. 143, 154.
Under the liberal practice in vogue in this state since the decision in Stebbins v. Insurance Co., 59 N. H. 143, if not from an earlier date, it has been customary for the court, if justice would be promoted, to allow amendments in legal proceedings, either of form or substance, provided that in so doing the rights of third parties would not be interfered with and the case could be rightly understood by the court. P. S., c. 222,…
2Cases cited10 opinions
- Stebbins v. Lancashire Ins.Supreme Court of New Hampshire · 1879
- Morse v. WhitcherSupreme Court of New Hampshire · 1888
- Noyes v. EdgerlySupreme Court of New Hampshire · 1902
- Brooks v. HowisonSupreme Court of New Hampshire · 1885
- Gould v. BlodgettSupreme Court of New Hampshire · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Shults Bread Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Manchester Housing Authority v. Arms Textile Mfg. Co.Supreme Court of New Hampshire · 1974
- Wilson v. McCarrollSupreme Court of New Hampshire · 1923
- Coffin v. CoffinSupreme Court of New Hampshire · 1924
4 more not listed; retrieve them via the Exa API.