McKane v. City of Philadelphia

Citations

• 78 Pa. Super. 168
• 1922 Pa. Super. LEXIS 78

Syllabus

<p>Pleading — Statement of claim — Amendment—Practice, G. P. — • Practice Act of May 24.1915.</p> <p>In an action of trespass against a municipality, the plaintiff averred in his statement that he was injured while walking along a sidewalk which had been negligently allowed by the city to remain in a dangerous, unsafe and defective condition. There were no numbers on the buildings or lots where the accident happened, and the statement described the locality as being “in the rear of what is known as 2837 Ellsworth Street.” At the conclusion of plaintiff’s testimony the court permitted the plaintiff to amend his statement by substituting “2839 Ellsworth Street,” in place of “2837.” Held, that the amendment did not in any way prejudice the city, its scope and effect being but to develop, or amplify the essentially negligent act complained of in the original statement. The allowance of such an amendment did not in any way conflict with the provisions of the Practice Act of May 14, 1915, P. L. 483.</p>