Supreme Court of Connecticut December 18, 1908 (Simeoli v. Derby Rubber Co.)

Hall, J.

In his appeal to this court the defendant claimed that the superintendent’s orders to the plaintiff to' “put in another shovelful of powder”, and “not to pick it (the rubber dough) up in pieces,” but to “take it up altogether and shove it in, ” were the real cause of the accident, and that these acts of negligence were not alleged in the complaint, and were therefore erroneously made the