Condon v. Sprigg
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. First Exception, taken to the leave given by the Court to amend the declaration, is stated in the opinion of this Court.
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Appeal from the Superior Court of Baltimore City. The case is stated in the opinion of the Court. First Exception, taken to the leave given by the Court to amend the declaration, is stated in the opinion of this Court. Second Exception. — The plaintiff offered five prayers, the fifth of which only, as follows, need be reported: 5. That if the jury find that the plaintiff, Jane Sprigg, was lawfully passing along the footway or pavement on Whatcoat street, in the City of Baltimore, and using reasonable care and caution, and fell into an area or excavation in said footway or payeinent in front…
1Opinion of the CourtRoberts, J.
This is an action on the case for the recovery of damages for a nuisance. The suit was originally brought in the name of Jane Sprigg, by Horace Sprigg, her next friend. Subsequently the plaintiff moved to amend the declaration by striking out the name of “Horace Sprigg as next friend,” and to make Horace Sprigg, the husband of Jane, a joint plaintiff with her. Leave was granted, the amendment made, and the defendant excepted. It is contended by the defendant, that the amendment was improperly allowed, because the writ was not also amended, and that, under the present state of the pleadings,…
2Cases cited3 opinions
- Irwin v. SpriggCourt of Appeals of Maryland · 1847
- Gaither v. MyrickCourt of Appeals of Maryland · 1856
- Treusch v. Kamke ex rel. KamkeCourt of Appeals of Maryland · 1885
3Cited by4 opinions
- Smith v. State Ex Rel. WalshCourt of Appeals of Maryland · 1901
- Commonwealth Casualty Co. v. ArrigoCourt of Appeals of Maryland · 1931
- Thillman v. NealCourt of Appeals of Maryland · 1898
- Raith v. LecknerBaltimore City Circuit Court · 1924