Matson v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 80 Kan. 272
• 102 P. 254
• 1909 Kan. LEXIS 61

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Amendment of Petition. An application to make material amendments to a petition after the evidence has been presented by both parties is an application to the sound discretion of the court, and its ruling upon such an application will not be disturbed unless it appears that such discretion has been abused.</p> <p>2. -Same. The plaintiff filed her petition in an action to recover damages suffered on account of a fire set out by the defendant. At the trial, after both parties had presented their evidence, the plaintiff requested permission to amend her petition for the purpose of alleging facts constituting an additional element of damages. The request was refused. Held, that, it appearing that the plaintiff had full knowledge of such facts when her petition was filed, and no reasonable excuse having been given for not including them therein, the refusal does not constitute an abuse of discretion and was not ,error.</p>