Schmelzer v. Chester Traction Co.

Citations

• 218 Pa. 29
• 66 A. 1005
• 1907 Pa. LEXIS 447

Syllabus

<p>Negligence — Street railways — Passenger—Alighting from car — Pleading — Statement of claim — Amendment—Statute of limitation.</p> <p>In an action by a passenger against a street railway company to recover damages for personal injuries, sustained while alighting from a street car, the plaintiff may at the trial, over two years after the accident, amend his statement of claim by changing an averment that there was no stop of the car at all, to an averment that there was an insufficient stop. On a question of negligence there is no legal difference between no stop and no sufficient stop, the inference being the same in both cases.</p> <p>Negligence — Damages—Married women — Earnings—Acts of February 22, 1718, 1 Sm. L. 99, May 4, 1855, P. L. 430, June 11, 1879, P. L. 126, June 3,1887, P. L. 332 and June 8,1893, P. L. 344.</p> <p>Under the acts relating to married women in Pennsylvania, a deserted wife may sue separately and in her own name to recover damages for the loss of her earning power in the future, sustained through injuries to her person.</p>