Chunn v. City & Suburban Railway
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of tbe District of Columbia, on a verdict directed by the court in an action to recover damages for personal injuries. The Court in tbe opinion stated tbe case as follows: Tbe appellant, Sarah Chunn, began tbis action August 3, 1901, to recover damages for personal injuries.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of tbe District of Columbia, on a verdict directed by the court in an action to recover damages for personal injuries. The Court in tbe opinion stated tbe case as follows: Tbe appellant, Sarah Chunn, began tbis action August 3, 1901, to recover damages for personal injuries. August 29, 1901, defendant, Tbe City & Suburban' Eailway of Washington, pleaded tbe infancy of tbe plaintiff in abatement of tbe action. Tbe next proceeding was a motion by defendant for leave to withdraw tbe plea in abatement and plead in bar,…
1Opinion of the CourtJustice Shepard
1. The grant or refusal of leave to amend is a power intrusted to the trial courts that- injustice and hardship may be prevented and the merits of the case fairly tried. Whether in the particular instance the leave should be granted or refused is a matter within the discretion of the trial court, and is not reviewable in the appellate court. German Evangelical Soc. v. Prospect Hill Cemetery, 2 App. D. C. 310; Brown v. Baltimore & O. R. Co. 6 App. D. C. 237, 242; Morris v. Wheat, 11 App. D. C. 201. That the amendment may relate to the withdrawal of a plea in bar and its substitution by one in…
2Cases cited6 opinions
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Spencer v. LapsleySupreme Court of the United States · 1858
- Angelina R. Eberly and Peyton Lytle, by His Next Friend, A. B. Eberly, in Error v. Lewis Moore and Charles RaylonSupreme Court of the United States · 1861
- Boentgen v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Boentgen v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by2 opinions
- Evans v. Capital Transit Co.District of Columbia Court of Appeals · 1944
- Plummer v. JohnsonDistrict of Columbia Court of Appeals · 1944