Pittsburgh, Cincinnati & St. Louis Railway Co. v. Martin

Bicknell, C. C.

This was a suit, by the appellee against the appellant, to recover damages for a collision.

The plaintiff recovered sis hundred dollars; the defendant appealed.

The first error assigned by the appellant is, that the court refused to strike out the amended complaint. The complaint had been amended by substituting Henry Martin for John Martin as plaintiff; this was done before the complaint was answered and without obtaining leave of court therefor.

Amendments, made after answer, require leave of court, but any pleading may be amended, of course, before it is answered. Civil Code,…