Chester City v. Baltimore & Ohio Railroad

Citations

• 27 Pa. Super. 206
• 1905 Pa. Super. LEXIS 36

Syllabus

<p>Practice, C. P. — Parties—Amendments—Judgment—Railroads.</p> <p>In summary proceedings against a railroad company before a justice of the peace to recover a penalty, judgment was entered against the defendant. After an appeal had been taken to the common pleas, the plaintiff moved to amend the record by adding the name of a second railroad company as a party defendant. Notice of this was served upon the attorney for the appealing company, who was alleged to be also attorney for the second company. The amendment was allowed and subsequently a rule to plead was entered and served upon the same attorney, who, however, had never entered his appearance for the company whose name had been added to the record. Judgment was subsequently entered against the company whose name had been added to the record for want of a plea. Held, that the amendment had been improperly allowed and should be stricken off, and that the judgment should be reversed.</p>