Sanguinetti V. Moore Dry Dock Co‪.‬

Defendant appeals from a judgment rendered against it in plaintiff's action, brought under the Jones Act (46 U.S.C.A. § 688),*fn1 to recover for injuries suffered by him while employed as the operator of defendant's tugboat, the "Moore No. 2." We conclude that by reason of the misconduct of counsel in moving in the presence of the jury, at the close of plaintiff's evidence, to amend the complaint by increasing the amount prayed for as damages, which motion was subsequently granted by the trial court, and the fact