Yates v. Philadelphia, Baltimore & Washington Railroad

Citations

• 23 Del. 472
• 7 Penne. 472
• 82 A. 27
• 1906 Del. LEXIS 10

Syllabus

<p>Personal Injuries—Pleading—Evidence—Common Carrier— Rules of Railroad Company; Notice to Produce; When in Evidence—Amendment of Narr During Trial —Constitution—Statute—Term—Continuance.</p> <p>1. Counsel for the plaintiff having given written notice to counsel for the defendant tó produce a certain rule of the company, held that such rule should be asked for when the plaintiff had introduced the evidence under which such rule became pertinent and proper evidence in the case; and that the plaintiff should put his witness on the stand and bring him up to that point.</p> <p>2. When such evidence has been produced and the rule asked for has been handed to the counsel for the plaintiff by counsel for the defendant, the latter will not then be permitted to object to its admission in evidence on the ground that it is not pertinent.</p> <p>3. Under the constitutional and statutory provisions respecting amendments,' a plaintiff will be permitted to amend his narr during the progress of the case; but the Court may continue the case and impose the costs of the term upon the plaintiff.</p>