Miller v. West Jersey & Seashore Railroad

The opinion of the court -was delivered by

Sway.ze, J.

After the decision of this court, reported in 42 Vroom 363, the plaintiff obtained from a justice of the *283court an ’order allowing him to amend his declaration so as to count upon negligence on the part of the defendant in failing to protect the plaintiff, a passenger, from the conduct of employes of another railroad who were using trucks upon the same station platform1. The original declaration counted upon negligence of defendant’s servants in using the freight trucks. The present motion is to vacate the order allowing the amendment.

The…