Ruggiero v. New York City Transit Authority

Motion to amend a complaint in an action for personal injuries due to an alleged assault claimed to have been committed by the operator of defendant’s trolley.

The proposed amended complaint sets forth a new cause of action based on facts disclosed in an examination before trial held in April of this year. It is founded upon the theory that the motorman was incompetent, unreliable and had on prior occasions assaulted other passengers and that the defendant had, or should have had, knowledge of the motorman’s propensities. The defendant contends that a new and different cause of action is…