Klemm v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Orange county. Action by Anthony Elemm, as administrator of Eliza Klemm, deceased, against the ¡New York Central & Hudson River Railroad Company, to recover damages for negligence causing the death of plaintiff’s intestate. From a judgment for $5,447.81 damages and costs, entered on a verdict in favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtDykman, J.
But two questions are to the court by this appeal. The first relates to the amendment of the complaint during the trial, and the other to the amount of damages.
Upon the trial the complaint was amended, by the. permission of the court, by the insertion of these words: “And that her husband and son sustained pecuniary damages, by reason of her death, in the sum of $5,000.” The amendment neither introduced any new cause of action, nor changed the old one. It was therefore such a one as might be made upon the trial; and, although the counsel for the defendant expressed surprise, yet no delay was…
2Cases cited2 opinions
- Cregin v. . Brooklyn Crosstown R.R. Co.New York Court of Appeals · 1881
- Lockwood v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1885
3Cited by1 opinion
- Howey v. New England Navigation Co.Supreme Court of Connecticut · 1910