Sontum v. Mahoning & Shenango Railway, Co.
Supreme Court of Pennsylvania
Appeal, No. 146, Oct. T., 1909, by defendants, from judgment of C. P. Lawrence Co., June T., 1907, No. 72, on verdict for plaintiffs in case of Hugo Sontum and Anna M. Sontum, his wife, v. Mahoning & Shenango Railway & Light Company. Trespass to recover damages for death of plaintiffs’ son. Before Porter, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiffs for $4,106.85. Defendants appealed.
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Appeal, No. 146, Oct. T., 1909, by defendants, from judgment of C. P. Lawrence Co., June T., 1907, No. 72, on verdict for plaintiffs in case of Hugo Sontum and Anna M. Sontum, his wife, v. Mahoning & Shenango Railway & Light Company. Trespass to recover damages for death of plaintiffs’ son. Before Porter, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiffs for $4,106.85. Defendants appealed. Errors assigned were (1) allowance of amendment and (7) refusal of binding instruction for defendants.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This suit was brought within the statutory period by the father while the name of the mother was added by amendment more than a year after the expiration of the time in which the action must be instituted under the statutes. The first assignment challenges the correctness of the ruling of the court in permitting the amendment. The right to add the name of a husband, or of a wife, by way of amendment after the expiration of the statutory period, if either one had properly brought suit within the time limited, is no longer an open question. It has been squarely ruled…
2Cases cited3 opinions
- Holmes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Waltz v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1907
- Bracken v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
3Cited by4 opinions
- Frank v. Reading Co.Supreme Court of Pennsylvania · 1929
- Leland v. Firemen's InsuranceSuperior Court of Pennsylvania · 1937
- Adams v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1911
- Stefanson v. Plymouth BoroughSupreme Court of Pennsylvania · 1918