TAYLOR, District Judge.
This is before me again on defendant’s motion to strike the second count of the complaint.
The motion is well taken, since there is again a commingling of common law and statutory negligence. To restate a ground of negligence does not add to the pleading, even if the rules permitted a commingling of grounds.
Let the declaration be amended to meet the objection, if the amendment is filed within the week of January 6, 1941.