Erie City Iron Works v. Barber

Citations

• 118 Pa. 6
• 12 A. 411
• 1888 Pa. LEXIS 359

Syllabus

<p>1. In the view of the statutes of amendment, the cause of action is the particular matter for which suit is brought; and, when the object is, not to forsake this cause of action, but to effect a recovery on the merits which may not otherwise be reached, the amendment should be allowed.</p> <p>2. While it is true that counts declaring for damages ex contractu may not be joined with counts for damages ex delicto, yet if on a trial under the plea of not guilty the court withdraw the counts ex contractu from the consideration of the jury, the defendant suffers no harm.</p> <p>3. It it be not shown to have injuriously affected a trial on the merits, no ■defect of pleading which could have been raised on demurrer will be held fatal to the judgment. The proper amendment will be considered to have been made.</p>