141 Ga. 350 | Ga. | 1914
When the proof is submitted, and it develops that the injury was committed by a carrier engaged in. interstate commerce, then it becomes a question of comparison of the pleadings with the proof. If it be necessary to amend the pleading by alleging the interstate character of the carrier, it would be simply an elaboration of the old matter, and not the introduction of new matter. On the question of amendments this court, in City of Columbus v. Anglin, 120 Ga. 785 (48 S. E. 318), said that no new and distinct cause of action is added to a petition by an amendment which contains additional matter descriptive of the same wrong pleaded in the original petition, and which does not plead any other and different wrong. See also Civil Code, § 5682. From'what has been said it is apparent that the second amendment did not introduce a new cause of action.