Seipel v. B. & C. V. R. Extension Co.

Citations

• 129 Pa. 425
• 18 A. 568
• 1889 Pa. LEXIS 967

Syllabus

<p>1. The act of April 17, 1866, P. L. 106, limiting the time within which actions shall be brought against railroad companies for damages for right-of way, or the use and occupancy of land, is abrogated by § 21, article III. of the constitution of 1874: Grape Street, 103 Pa. 121.</p> <p>2. The right of action against a railroad company for damages for injuries to land taken, injured or destroyed in the construction of its corporate works, is not affected by the six years statute of limitations of March 27, 1713, 1 Sm. L. 76.</p> <p>3. If, in proceedings instituted by a husband as owner, to assess damages for injuries to land arising from the construction of a railroad, it is discovered that the title to the land is in his wife, the wife’s name as plaintiff, omitted by mistake, may be brought upon the record by amendment under the act of May 4, 1852, P. L. 574.</p> <p>4. When the sole objection to a proposed amendment of parties plaintiff is that it will deprive the opposite party of a defence under the statute of limitations, it is proper to allow the amendment and leave the objecting party to a prayer for instructions as to its effect.</p>