Gish

While riding as a passenger on one of the street cars of the defendant corporation, plaintiff, Katherine M. Gish, assertedly sustained injuries. With relation thereto, as a foundation for an action for the recovery of a judgment for damages against the defendant, the complaint which was filed by the plaintiffs contained the following allegation, to wit:

On the trial of the action, concerning the manner in which the accident occurred, in substance, the said plaintiff testified that after she had “boarded” an “L” car and had walked to a place therein at which she had expected to become seated, “there was a man had some packages, and he moved the packages back for me to sit down; and as he was moving those packages back, just as he had it all back, and I bended my knees just enough that I had really lost control of my feet, in a way, and just then the old ‘L’ car gave a tremendous jerk and lunge and it threw me against an up *572 right post—solid wood post. . . . the car gave a tremendous jerk, jerk or lunge, and landed me against that post, . . . ” Thereafter in her testimony the said plaintiff narrated facts which related to an oral complaint which, within a few minutes after the…