McGinnis v. Valvoline Oil Works, Ltd.

Citations

• 251 Pa. 407
• 96 A. 1038
• 1916 Pa. LEXIS 478

Syllabus

<p>Practice, O. P. — Pleadings—Amendments.</p> <p>1. Where a plaintiff makes a mistake in the name of the party whom he is suing, he should be allowed to correct the error, even though the statute of limitations has barred the commencement of another action on the claim.</p> <p>2. Where an action of trespass for personal injuries was brought against “The Valyoline Oil Works, Limited, a corporation,” and plaintiff subsequently learned that defendant was a partnership association, and not a corporation, it was error to refuse to permit plaintiff to amend the record and pleadings by striking out the words “a corporation,” and adding in their stead “a partnership association.”</p> <p>3. In such case plaintiff did not bring an action against the wrong party, but merely made a mistake in stating the name of defendant, which he had a right to correct.</p>