Graves v. New York & New England Railroad

Field, C. J.

The defendant’s counsel relies only on the first exception. The Superior Court, on the plaintiff’s motion, permitted the plaintiff by amendment to change the ad damnum of the writ from $10,000 to $15,000, and refused to rule that it had no power to permit the ad damnum to be increased, and to this the defendant excepted. We have no doubt that the court had the power. Ellis v. Ridgway, 1 Allen, 501. Hart v. Waitt, 3 Allen, 532. Exceptions overruled.