LaBar v. New York, Susquehanna & Western Railroad

Citations

• 218 Pa. 261
• 67 A. 413
• 1907 Pa. LEXIS 497

Syllabus

<p>Negligence — Railroads—Death—Conflict of laws — Right of action- — • Parties — Amendment—Nonsuit.</p> <p>When a suit is brought in Pennsylvania for injuries resulting in death, the action must be instituted in the name of the persons or personal representatives to whom the right of action is given by the statutes of the state in which the injuries were inflicted and the death occurred.</p> <p>In an action brought by a widow in her own right against a railroad company to recover damages for the death of her husband, killed in New Jersey while in the employment of the defendant company, it is too late to amend the record by adding the name of the widow as administratrix of the deceased, as required by the New Jersey statute, after the statute of limitations has become a bar, inasmuch as this in legal effect introduces a new cause of action by the substitution of different parties.</p>