Hively v. Higgs

COSHOW, J. —

Defendant contends here that the court’s order permitting the amendment is an abuse of discretion. The amendment adds no new or different cause of action to plaintiff’s complaint. The entire effect of the amendment was to allege what was clearly inferred from .the allegation of the operation; namely, that plaintiff suffered great physical pain. Defendant says in his brief:

“But the amendment did not help the complaint, because, as already stated, plaintiff went to the hospital to undergo an operation which obviously would result in pain.”

This is a complete answer to the contention…