Bender v. Penfield

Citations

• 235 Pa. 58
• 83 A. 585
• 1912 Pa. LEXIS 499

Syllabus

<p>Amendment — New cause of action — Statute of limitations — New parties — N egligence.</p> <p>1. A new cause of action cannot be introduced, nor new parties brought in, nor a new subject matter presented, nor a vital and material defect in the pleadings be corrected, after the statute of limitations has become a bar.</p> <p>2. Where an action for negligence has been brought against an executor of a decedent’s estate, an amendment will not be allowed after the cause of action has been barred by the statute, by making the person previously described as executor, defendant individually, as the sole devisee under the will of decedent. In such a case the fact that the party so introduced individually, happened to have been the legal representative of the estate originally complained against, is a matter of no consequence.</p>