Phillips v. Aluminum Co. of America

Citations

• 256 Pa. 205
• 100 A. 750
• 1917 Pa. LEXIS 587

Syllabus

<p>Practice, G. P. — Party defendant — Suit against wrong party■ — • Sale of business — Subsequent injury to workman — Suit against former owner.</p> <p>Where in an action against a-corporation for personal injuries resulting to plaintiff from the alleged negligence of the defendant, plaintiff asserted that, at the time of the injuries resulting to him from the alleged negligence of the defendant, he was employed by the defendant company, but there was no evidence offered to show the existence of any such corporation or to identify it with the ownership of the plant or the management of the business in which plaintiff was employed, but on the contrary it appeared that a company of the name of the defendant had sold the plant at which plaintiff was working moré than three years previous to the injury and that after such sale plaintiff made written application for employment on a printed blank furnished by defendant’s successor and the name of the latter company thereafter appeared on all plaintiff’s time cards, a verdict should have been directed for the defendant.</p>