Waugh v. Steelton Taxicab Co.

Opinion by

Mr. Justice Musmanno,

The plaintiff, who was injured while riding in a taxicab owned by a “Steelton Taxicab Company”, brought a suit in trespass against the said Steelton Taxicab Company, designating it as a corporation, only to find, after the statute of limitations had run, that the said taxicab “company” was not a corporation but a fictitious name used by Anthony John Kosir in the conduct of his taxicab business.

The plaintiff then obtained a rule on Kosir to show cause why the complaint should not be amended, to substitute as defendant, instead of the designation originally…