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· 11/15/1915

McCullough v. Philadelphia Rapid Transit Co.

Citations

  • 61 Pa. Super. 384
  • 1915 Pa. Super. LEXIS 337

Syllabus

<p>Pleading — Statement of claim — Amendment—Cause of action— Negligence — Street railways.</p> <p>In an action by a passenger against a street railway company an averment in the statement of claim that the plaintiff was injured by a collision between the car in which he was seated as a passenger and another car running in the same direction on a street named “as the aforesaid car, and immediately preceding it,” may be amended after the expiration of two years so as to aver that the collision was between the car in which plaintiff was seated, and another car of the same company running upon a cross street named. Such an amendment introduces no new cause of action.</p>

Judges: Head, Kephart, Orlady, Rice, Trexler

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