Morse v. Whitcher
Supreme Court of New Hampshire
Facts found by a referee. The action was to recover for damage to land of the plaintiff’s .intestate, caused by the lodging and deposit thereon of sawdust from the defendant’s mill, situated above on a small stream, whence it was floated down upon the land. The original declaration was in assumpsit. The referee allowed certain amendments, whereby the form of the action was changed to case; and the. defendant excepted..
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Facts found by a referee. The action was to recover for damage to land of the plaintiff’s .intestate, caused by the lodging and deposit thereon of sawdust from the defendant’s mill, situated above on a small stream, whence it was floated down upon the land. The original declaration was in assumpsit. The referee allowed certain amendments, whereby the form of the action was changed to case; and the. defendant excepted.. At the time of the injury complained of the defendant held a mortgage, and he claimed that the action could not be maintained against him for that reason. The action was not…
1Opinion of the CourtClark, J.
The form of action may be changed by amendment in any stage of the proceedings, to prevent injustice (Stebbins v. Ins. Co., 59 N. H. 143) ; and amendments may be made after verdict, without a new trial, when the verdict could not have been affected by the amendment if it had been made before the trial. Merrill v. Perkins, 59 N. H. 343 ; Buckminster v. Wright, 59 N. H. 153; Peaslee v. Dudley, 63 N. H. 220. Whether justice requires an amendment is ordinarily a question of fact to be determined at the trial term (Page v. Campton, 63 N. H. 197, Gagnon v. Connor, 64 N. H. 276), and no error of law…
2Cases cited1 opinion
- Vaugh v. WetherellMassachusetts Supreme Judicial Court · 1874
3Cited by11 opinions
- Pettengill v. TuroSupreme Judicial Court of Maine · 1963
- Blaskower v. SteelOregon Supreme Court · 1892
- Rivera v. TaylorIllinois Supreme Court · 1975
- Sanborn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Hayes v. ColbySupreme Court of New Hampshire · 1889
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