Edwards v. Common Council

The defendant appeals from a judgment rendered against it in an action for an injury alleged to have been received by the plaintiff on the occasion of a fall upon a sidewalk.

Plaintiff's counsel sought to show that' the injury alleged was permanent, and, being met by the objection that the declaration did not so allege, asked to amend the same by inserting in the first count the words, “And the plaintiff alleges that said injuries so received and sustained by her as aforesaid are permanent.” The second count already contained the allegation “ that said injury is likely to *155prove permanent.” It…