Sykes v. Southeastern Pennsylvania Transportation Authority

Opinion by

Jacobs, J.,

In this case plaintiffs appeal the dismissal of their complaint with prejudice which in effect terminated their cause of action and barred any attempts at amendment. The dismissal was based on a demurrer which was properly sustained. However, on the state of the record, the action barring further attempts at amendment was prematurely taken by the court below.

*71On November 13, 1972, plaintiffs, Minnie and Milton Sykes, commenced an action in assumpsit against defendant, Southeastern Pennsylvania Transportation Authority. Their complaint alleged that on July 27, 1967,…