Steeves v. New England Telephone & Telegraph Co.

I. The plaintiff discovered on the morning of the trial some indications of unevenness in the floor, but only by the use of a level. The denial of the motion to amend, made after the trial began, was within the discretion of the trial court, and it does not clearly appear that the exercise of discretion was erroneous. No question of law is raised. Piper v. Hilliard, 58 N. H. 198; Lyons v. Child, 61 N. H. 72.

II. The question of the sufficiency of the evidence to justify the submission of the case to the jury may be discussed in two branches.(1) Would the evidence of unevenness in the floor…