Tutsch

Plaintiff appeals from a judgment dismissing the action, which followed an order of the court sustaining a general demurrer to the complaint and an order granting defendant’s motion to dismiss.

It appears from the complaint that on July 24, 1919, plaintiff, due to the negligence of the Los Angeles & Salt Lake Railroad Company, sustained personal injuries, and for the recovery of damages therefor she, on July 23, 1920, filed a complaint wherein the Director-General of Railroads of the United States was made sole defendant. In due time said defendant filed his demurrer and motion to dismiss the action. On the day of the hearing of the demurrer and motion plaintiff, as shown by the record, without leave of court, filed an amendment to the complaint wherein she alleged “that John Barton Payne was, under the Transportation Act of 1920, sections 205, 206, designated agent by the President of the United States of America, for the purpose of being a party defendant in actions brought against the Los Angeles & Salt Lake Railroad Company, as set forth in the complaint, and that said agent, John Barton. Payne, be and that he is hereby made a party defendant with the Director-General of the…