Keith v. T. & P. R. R.

My associates concede that the question presented is a *297very close one and that the stipulation which, to some extent, is relied on by plaintiff, cannot be construed as a waiver of the period of pre-emption.

I believe that the most important thing to determine is whether or not the defendant will or may be prejudiced by allowing the amendment.

Being of the opinion that the proof necessary to the establishment of the allegations in the second or so-called amended petition must have been essentially different from what would have been required to establish those set forth in the original petition,…