Terrell v. Pittsburg Railways Co.

Citations

• 58 Pa. Super. 371
• 1914 Pa. Super. LEXIS 314

Syllabus

<p>Pleading-=-Statement of claim—Statute of limitations—Amendment— Practice, C. P.—Evidence.</p> <p>In an action against a street railway company the plaintiff averred in her statement that on a day and at an hour named, in the ordinary exercise of her right as a pedestrian, she undertook to cross a street at a regular street crossing when she was struck by one of defendant’s cars; that the “Motorman was negligent in the operation of said car, and did not use precaution to look out for persons on the track, and did not have his car, at said crossing, under proper control.” She further averred that she first saw the car about one block east of the place of the accident, and that it then appeared to her to be at rest;, that, after starting, it moved at an excessive rate of speed to the point. of collision. At the trial, two years after the accident, the court permitted the plaintiff to amend her statement by striking out the averment as to the excessive speed of the ear, and by adding an averment that the car had reached its regular stopping place at the street in question when she undertook to cross in front of it. Held that the amendment introduced no new cause of action, and was properly allowed.</p> <p>Rice, P. J., dissented.</p>