Mahoney v. Park Steel Co.

Citations

• 217 Pa. 20
• 66 A. 90
• 1907 Pa. LEXIS 646

Syllabus

<p>Practice, G. P. — Amendment—Statement of claim — Trespass—Statute of limitations.</p> <p>An amendment to a statement of claim will not be allowed if a new cause of action is thereby introduced which is barred by the statute of limitations.</p> <p>In an action of trespass by a minor against his employer to recover damages for personal injuries, where the only matter complained of is a defect in a particular machine, the court will not permit the plaintiff after he has arrived at age, and more than three years after the accident happened, to amend his statement by charging a defect in another and different machine, failure to instruct as to the dangers incident to his employment, and failure to inspect.</p> <p>Practice, C. P. — Trespass—Minor—Intervention.</p> <p>Where an action of trespass has been brought by a minor through his father as next friend, and pending the action, the minor comes of age, there is no necessity for petition and an order of court allowing him to intervene but the record on motion may be amended so that the plaintiff may appear in his own right, instead of through his father as next friend.</p>