Erie City Iron Works v. Barber
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OP PHILADELPHIA COUNTY. No. 259 January Term 1886, Sup. Ct.; court below, No. 18 December Term 1887, C. P. On November 8, 1877, an action in case was brought by P. M. Barber and A. B. Henderson, partners as P. M. Barber & Co., against the Erie City Iron Works. A narr. was filed on December 3, 1877, with three counts.
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ERROR TO THE COURT OE COMMON PLEAS OP PHILADELPHIA COUNTY. No. 259 January Term 1886, Sup. Ct.; court below, No. 18 December Term 1887, C. P. On November 8, 1877, an action in case was brought by P. M. Barber and A. B. Henderson, partners as P. M. Barber & Co., against the Erie City Iron Works. A narr. was filed on December 3, 1877, with three counts. The first count set out that the plaintiffs owned and operated a steam lumber mill in Lycoming county, and the defendant company at Philadelphia were manufacturers and dealers in steam engines, boilers, etc.; that on February 18, 1874, the…
1Opinion of the Court
Opinion,
Mr. J ctstice Clark :
The main question presented by this record is, whether or not the court was right in permitting the plaintiffs’ declaration to be amended by the additional counts filed January 10, 1882. The defendants’ contention is, that the amendment should not have been allowed as, in so doing, there was a misjoinder of counts and a change in the cause of action. Both of the objections were- considered by this court when the case was here before: 102 Pa. 156, and as the question is in no respect differently presented now, it may be considered as having been fully decided in…
2Cases cited12 opinions
- Erie City Iron Works v. Barber & Co.Supreme Court of Pennsylvania · 1883
- Trego v. LewisSupreme Court of Pennsylvania · 1868
- Knapp v. HartungSupreme Court of Pennsylvania · 1873
- Kaul v. LawrenceSupreme Court of Pennsylvania · 1873
- Finley v. HanbestSupreme Court of Pennsylvania · 1858
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Pennsylvania Railroad v. PittsburghSupreme Court of Pennsylvania · 1939
- Nock v. Coca Cola Bot. Wks. Pgh.Superior Court of Pennsylvania · 1931
- Smith v. Piper Aircraft Corp.District Court, M.D. Pennsylvania · 1955
- Frankel v. Donehoo (Nesbitt)Supreme Court of Pennsylvania · 1931
- McMeekin v. Prudential InsuranceSupreme Court of Pennsylvania · 1944
17 more not listed; retrieve them via the Exa API.