Wright v. Eureka Tempered Copper Co.

Citations

• 206 Pa. 274
• 55 A. 978
• 1903 Pa. LEXIS 698

Syllabus

<p>Practice, G. P. — Amendments—Parties—Statute of limitations.</p> <p>Statutes of amendment are liberally construed to give effect to their clearly defined intent to prevent a defeat of justice through a mere mistake as to parties or the form of action. Amendments, however, will not be allowed to the prejudice of the other party, where the statute of limitations has run,«by introducing a new cause of action or bringing in a new party, or changing the capacity in which he is sued. A party whose name it is asked to amend must be in court. If the effect of the amendment will be to correct the name under which the right party was sued it should be allowed; if its effect will be to bring a new party on the record, it should be refused after the running of the statute of limitations.</p> <p>In an action of trespass to recover damages for personal injuries, the name of the defendant as stated in the writ was the Eureka Tempered Copper Company. Three years prior to the infliction of the injuries for which the suit was brought, the company named in the writ had failed, and its property was sold by the sheriff, but at the time of the suit it still existed as a corporation without doing any business. A new corporation known as the Eureka Tempered Copper Works succeeded to the property and business of the copper company. The plaintiff was injured while in the employ of the copper works. The service of a writ was made on the mánager of the copper works, but the sheriff, following the words of the writ, returned it as served on the manager of the copper company. The error in the name was not discovered by the plaintiff until a few days after the statute of limitations had barred a new action. Held, reversing the court below, that permission should have been given to amend the record by striking out the word “company” and inserting the word “ works.”</p>