Hellman

From a judgment in favor of plaintiff defendant has appealed.

On August 10, 1929, plaintiff was injured, as the original complaint alleges, by the negligent starting of one of defendant’s street-cars after “intending in good faith to become a passenger”, she had “grasped the upright handrail at the rear entrance way and placed one foot on the bottom step . . . and before plaintiff could take any precaution to protect herself”. Such specific act of negligence is the only negligence alleged in the original complaint.

At the trial, on November 30, 1930, more than a year after the accident, plaintiff filed an amended complaint, setting up in the first count thereof a general allegation of negligence, viz.: “that at said time defendant, through its agents and employees aforesaid, carelessly and negligently, and in violation of its duty toward plaintiff, operated said street car and thereby caused plaintiff to sustain the injuries hereinafter set forth”, followed by the allegation of the specific act of negligence set forth in the original complaint. A second cause of action following the language of the first cause of action included such' general allegation of negligence, but…