Nilson

Defendant appeals from the judgment for $2,500 in favor of plaintiff and from the order denying its motion for a new trial. '

The action was for damages in consequence of personal injuries caused by the negligent act of defendant in starting its street-ear suddenly forward whereby plaintiff, who was about to board it, was thrown violently to the ground.

The allegations of the verified complaint material to the inquiry here are as follows:

Appellant presents a summary of its contentions as follows: “1. The complaint, on which the verdict is founded, does not state facts sufficient to constitute a cause of .action. 2. The instructions involving the question whether the car had come to a stop or not were not justified by the evidence. 3. The giving of the instructions involving the doctrine of last chance was not warranted by the evidence. 4. Plaintiff’s own evidence shows that he was guilty of contributory negligence. ’ ’

The objection to the complaint is stated in general terms as follows: “An examination fails to disclose any allegation charging any wrongful act on the part of the defendant or its servants—in fact it utterly fails to in any way connect the injury suffered by…