Phillips v. Erie County Electric Co.
Supreme Court of Pennsylvania
Appeal, No. 153, Jan. T., 1915, by defendant, from judgment of C. P. Erie Co., Sept. T., 1911, No. 196, on verdict for plaintiff in case of Vera M. Phillips, by her next friend, W. L. Moore, v. Erie County Electric Company. Trespass to recover damages for death. Before Benson, J. The action was begun on August 14,1911. On June 2, 1913, plaintiff asked leave to amend statement of claim, which amendment was allowed.
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Appeal, No. 153, Jan. T., 1915, by defendant, from judgment of C. P. Erie Co., Sept. T., 1911, No. 196, on verdict for plaintiff in case of Vera M. Phillips, by her next friend, W. L. Moore, v. Erie County Electric Company. Trespass to recover damages for death. Before Benson, J. The action was begun on August 14,1911. On June 2, 1913, plaintiff asked leave to amend statement of claim, which amendment was allowed. The facts appear by the opinion of the Supreme Court and in the charge to the jury, as follows: The case that you are sworn to try is that in which Vera M. Phillips, a minor, by her…
1Opinion of the Court
Per Curiam,
• The amendment to the statement did not substitute a new party or change the cause of action, and was properly allowed: Trego v. Lewis, 58 Pa. 463; Rick v. N. Y., Chicago & St. L. R. R. Co., 232 Pa. 553; Levin v. Clad & Sons, 244 Pa. 194. The action was brought to recover' damages for the death of plaintiff’s husband caused by the negligence of the defendant in the construction and maintenance of a system of electric wires in Sassafras street between 21st and 23d streets in the City of Erie. The statement laid the place of the accident at 21st and Sassafras street which, by the…
2Cases cited4 opinions
- Trego v. LewisSupreme Court of Pennsylvania · 1868
- Levin v. Clad & Sons, Inc.Supreme Court of Pennsylvania · 1914
- Rick v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1911
- Hipple v. Edison Electric Illuminating Co.Supreme Court of Pennsylvania · 1913
3Cited by9 opinions
- Gail v. PhiladelphiaSupreme Court of Pennsylvania · 1922
- Davis v. Shenandoah BoroughSupreme Court of Pennsylvania · 1922
- Hanley Et Ux. v. Ryan Et Ux.Superior Court of Pennsylvania · 1925
- McKane v. City of PhiladelphiaSuperior Court of Pennsylvania · 1922
- Erie Comity Electric Co. v. Mutual Telephone Co.Supreme Court of Pennsylvania · 1919
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