Atchison, Topeka & Santa Fe Railway Co. v. Baldwin

I cannot agree with the majority opinion in this case. 'The able counsel for appellant has not attempted to cite a .single case, from this court, to the effect that the amendment allowed was improper, or that judgment should not have been •entered thereon; in face of the fact that counsel gave no reason to the trial court for their objections to the allowance of this amendment, or claimed surprise, or asked leave to answer it, or to be allowed further time within which to meet it, or within which to offer proof in rebuttal to that already submitted by the plaintiff, showing the increased…