John Hessin Clarke

“ Seven days before the case came on for trial, the court granted leave to the plaintiff, no objection being noted, to amend the fourth count of her declaration by adding the allegation that the injuries received by the deceased caused him to 'suffer intense pain.' After all of the evidence had been introduced on the trial, the court, immediately before charging the jury, permitted the plaintiff to further amend the third and fourth counts of her declaration by adding to each the allegation that the negligence of the defendant resulted in 'conscious pain and suffering' to the deceased. ”

“ On July 8, 1913, the plaintiff's decedent was a conductor in the employ of the defendant, a common carrier of passengers by an electric railroad, with termini as hereinafter described, and when standing or moving along the 'running or stepping board' of an open summer car, in the evening, after dark, his body in some manner struck against one of the poles supporting the overhead wires and he was so injured that he died within an hour. ”

“ Rep. 135, Ann. Cas. 1914B, 134; Illinois Surety Co. v. United States, 240 U.S. 214, 60 L. ed. 609, 36 Sup. Ct. Rep. 321; and Seaboard Air Line R. Co. v. Renn, 241 U.S. 290, 60 L. ed. 1006, 36 Sup. Ct. Rep. ”