Straus National Bank & Trust Co. v. Marcus

By this appeal defendant seeks to reverse a judgment for $4,500, rendered against him after verdict on April 22, 1933, in an action for damages for negligently causing the death of plaintiff’s intestate, Joseph N. O’Neil.

The action was commenced on July 27, 1931. Plaintiff’s original declaration, to which defendant filed a plea of the general issue, consisted of six counts. On February 7, 1933, during- the trial, plaintiff, by leave of court, filed six additional counts. On the same day plaintiff withdrew from the jury’s consideration the 2nd, 4th, 5th and 6th counts of the original…