Arlia v. Philadelphia Transportation Co.

Smith, P. J.,

This matter comes before the court on a petition filed by plaintiff asking leave to file an amendment to the original statement of claim, averring that defendant was guilty of reckless disregard of plaintiff’s safety. The original pleading averred ordinary negligence. The statute of limitations has run.

While amendments are liberally allowed, the law seems to be that in matters where the statute of limitations has run no new cause of action may be averred. In 3 Standard Pa. Practice 613, sec. 20, it is said:

“One test to be applied to the question whether an amended statement…