Chase v. Dodge ( 1879 )

Foster, J.

An amendment of a declaration averring substantially the same facts, does not change the cause of action, and, the rights of third persons not being affected thereby, it should be allowed “ for the prevention of gross injustice.” G. L., c. 226, s. 9; Laws of 1879, c. 7.

The matter of costs will be arranged at the trial term.

Case discharged.

Allen, J., did not sit: the others concurred.