An amendment of a declaration averring substantially the same facts, does not change the cause of action, and, the rights of third persons not being affected thereby, it should be allowed "for the prevention of gross injustice." G. L., c. 226, s. 9; Laws of 1879, c. 7.

The matter of costs will be arranged at the trial term.

Case discharged.

ALLEN, J., did not sit: the others concurred.