KENISON, C. J.
At the close of the plaintiffs' opening statement to the jury the defendant moved for a nonsuit on the ground that there was no statement of negligence on the part of the defendant. Thereupon the following transpired at the bench:
"COURT: Do you wish to amend your opening statement?
"[Plaintiffs' counsel]: If the Court plans to grant the motion we would be glad to amend because there is no question but what we can amend it to make the...
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