Rodebaugh v. Philadelphia Traction Co.

Citations

• 190 Pa. 358
• 42 A. 953
• 1899 Pa. LEXIS 1031

Syllabus

<p>Statutes — Repeal—Construction of statutes.</p> <p>When it is sought to extend the provisions of a statute beyond what its words express, the extension must appear by strong, if not by necessary, implication to be within the actual intent. It is in aid of the discovery of such intent that the principle is applied that a merely affirmative statute shall not be held to repeal a previous one, if by fair and reasonable construction both can stand consistently together. Where, however, the intent of the later act is clear, no repugnancy to a prior one will authorize a construction against such intent.</p> <p>Statute of limitations — Injuries wrongfully done to the person — Statutes —Negligence—Act of June 24, 1895.</p> <p>I’rior to the Act of June 24, 1895, P. L. 236, the party injured could bring his suit at any time within six years from the injury, but if he died before suit begun, his relatives must sue within one year from his death, and in either case his action or the right of his relatives to sue would terminate immediately on the death of the wrongdoer. Since the act of 1895 the death of the wrongdoer does not terminate the action or the right thereof, but the latter right must be availed of within two years of the iniury. in so far as the act of 1895 is repugnant to the earlier statutes it repealed them.</p> <p>Constitutional law — Multiplicity of subjects in act — Act of June 24, 1895.</p> <p>The Act of June 24, 1895, F. L. 236, relating to actions for injuries wrongfully done to the person, does not violate article 3, section 3 of the constitution which provides that no bill shall contain more than one subject.</p> <p>The act of 1895 has but one subject, actions for injuries wrongfully done to the person. It creates no now right but provides for the regulation of a class of rights which existed before. Both sections arc germane to that subject, and operate in the nature of a statute of limitations, enlarging the period in which the action may be brought or