Fitzpatrick v. Stevenson

This action came on for trial before the court sitting with a jury, and, after some evidence had been introduced, defendants objected to the introduction of further evidence on the ground that the supplemental complaint was insufficient. The court sustained the objection and dismissed the jury. Plaintiff was given ten days within which to amend his complaint; he elected to stand upon the complaint, and judgment was entered dismissing the action. Hence the only question involved is the sufficiency of the supplemental complaint.

The supplemental complaint alleges, in substance, that on and prior…