Cox v. Wilkes-Barre Railway Corp.

Opinion by

Mr. Justice Maxey,

This is an appeal from the refusal of the court below to permit plaintiff to amend her statement of claim in an action of tort by adding thereto, more than four years after the accident in question, the following: “In then and there failing and neglecting to maintain, in reasonably safe condition, its right-of-way on said highway, by permitting deep and dangerous ruts to accumulate and remain thereon, making it unsafe for other vehicles to travel said highway.”

The statement sought to be amended charged the defendant company with a violation of duty on the part of…