Judgment reversed on the law and a new trial granted, with costs to appellants to abide the event.
It was an improvident exercise of discretion to deny the motion by plaintiffs to amend their complaint to conform to the proof. (Berkenstat v. Oliver, 275 App. Div. 679.) The plaintiffs did not seek to allege any additional acts of negligence. By the amendment they did not ask to eliminate the allegation that the tank overflowed. They sought to allege that by...
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