Hellman v. Los Angeles Railway Corp.

ARCHBALD, J., pro tem.

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…