Hall v. Wentworth's Location

Early in the trial the defendant objected to the admission of any evidence tending to show the existence of a dangerous embankment at the point where the accident occurred, for the reason that the only ground of liability alleged in the writ was a defective culvert. The plaintiff thereupon moved to amend his declaration so as to allege that the accident was due to a defective culvert and a dangerous embankment. This motion was granted, subject to the defendant’s exception, and it is now argued that the order was erroneous because the plaintiff was thereby permitted to allege “a different or…