Bacon v. Thompson

At the time of trial the plaintiff was allowed to file a second count in amendment of his original declaration. There is nothing in the record to indicate that any objection was made or exception taken to the ruling at the time it was made. After verdict, however, the defendant claimed an exception to the court’s Ruling allowing this amendment, and to a finding of the court as to “the theory upon which this new count was based. It was then too late to question the propriety of this ruling, but such an exception, ■even if properly taken, would be unavailing.

Under our statute, P. L., c. 334, s.…