Graves v. New York & New England Railroad

Motion to change by Amendment the Ad Damnum of a Writ. A justice of the Superior Court has power, on the plaintiff's motion, to change the ■ ad damnum of a writ from $10,000 to $15,000.

Tort, for personal injuries occasioned to the plaintiff while a passenger on the defendant’s railroad by a head collision of trains. At the trial in the Superior Court, before Bishop, J., it appeared ‘that the ad damnum of the writ was $10,000; that the case was first reached for trial on the afternoon of March 6,1893; that on the morning of that day, and in the lobby, apart from the jury, the plaintiff moved to increase the ad damnum to $20,000, the judge hearing testimony of two medical experts on each side as to the character and extent of the plaintiff’s injuries; and that the defendant objected to the motion, and asked the judge to rule that he had no power to grant the same and raise the ad damnum. The judge refused so to rule, and allowed the ad damnum to be increased to $15,000, and the defendant duly excepted. When the case was tried on March 8, 1893, the jury returned a verdict for the plaintiff for $12,500.