Cox v. Wilkes-Barre Ry. Corp., 6 A.2d 538 (Pa. 1939). · Go Syfert
Search
Cox v. Wilkes-Barre Ry. Corp., 6 A.2d 538 (Pa. 1939). Cases Citing This Book View Copy Cite
71 citation events (3 in the last 25 years) across 13 distinct courts.
Strongest positive: Ogioba, H. v. Gupta, C. (pasuperct, 2018-04-23)
Treatment trajectory · 1940 → 2026 · click a year to view as-of
1940 1983 2026
Top citers, strongest first. 9 distinct citers.
cited Cited as authority (rule) Ogioba, H. v. Gupta, C.
Pa. Super. Ct. · 2018 · confidence medium
Corp., 6 A.2d 538, 538 (Pa. 1939).
cited Cited as authority (rule) Riggio v. Katz
pactcomplphilad · 2003 · confidence medium
Reynolds v. Thomas Jefferson University Hospital, 450 Pa. Super. 327, 338 , 676 A.2d 1205, 1210 (1996), citing Cox v. Wilkes-Barre Railway Corporation, 334 Pa. 568, 570 , 6 A.2d 538, 539 (1939).
discussed Cited as authority (rule) Sola v. Chao
pactcomplmontou · 2000 · confidence medium
“A cause of action in negligence has been defined as the negligent act or acts which occasioned the injury for which relief is sought.” Reynolds v. Thomas Jefferson University Hospital, 450 Pa. Super. 327, 338 , 676 A.2d 1205, 1210 (1996), citing Cox v. Wilkes-Barre Railway Corporation, 334 Pa. 568, 570 , 6 A.2d 538, 539 (1939).
discussed Cited as authority (rule) Clarkson v. Geisinger Medical Center
pactcomplmontou · 2000 · confidence medium
“A cause of action in negligence has been defined as the negligent act or acts which occasioned the injury for which relief is sought.” Reynolds v. Thomas Jefferson Hospital, 450 Pa. Super. 327, 338 , 676 A.2d 1205, 1210 (1996), citing Cox v. Wilkes-Barre Railway Corporation, 334 Pa. 568, 570 , 6 A.2d 538, 539 (1939).
cited Cited as authority (rule) Sullivan v. Modern Group Ltd.
pactcomplyork · 2000 · confidence medium
Cox v. Wilkes-Barre Railway Corporation, 334 Pa. 568, 570 , 6 A.2d 538, 539 (1939); Martin v. Pittsburgh Railways Company, 227 Pa. 18, 20 , 75 A. 837 , 837 (1910).
cited Cited as authority (rule) Reynolds v. Thomas Jefferson University Hospital
Pa. Super. Ct. · 1996 · confidence medium
Cox v. Wilkes-Barre Railway Corporation, 334 Pa. 568, 570 , 6 A.2d 538, 539 (1939); Martin v. Pittsburgh [sic] Railways Company, 227 Pa. 18, 20 , 75 A. 837 , 837 (1910).
discussed Cited as authority (rule) Branoff v. Fitzpatrick
Pa. Super. Ct. · 1983 · confidence medium
Accord: Page’s Department Store v. Velardi, 464 Pa. 276 , 283 n. 5, 346 A.2d 556 , 559 n. 5 (1975); Kuisis v. Baldwin-Lima-Hamilton Corporation, 457 Pa. 321, 325-326 , 319 A.2d 914, 918 (1974); Wilson v. Howard Johnson Restaurant, 421 Pa. 455, 459-460 , 219 A.2d 676, 678-679 (1966); Fisher v. Hill, 368 Pa. 53, 59-60 , 81 A.2d 860, 864 (1951); Cox v. Wilkes-Barre Railway Corporation, 334 Pa. 568, 570 , 6 A.2d 538, 539 (1939); Connor v. Allegheny General Hospital, 300 Pa.Super. 321, 325-326 , 446 A.2d 635, 638 (1982), allocatur granted September 20, 1982; Junk v. East End Fire Department, 262 …
discussed Cited as authority (rule) Connor v. Allegheny General Hospital (2×)
Pa. Super. Ct. · 1982 · confidence medium
Cox v. Wilkes-Barre Railway Corporation, 334 Pa. 568, 570 , 6 A.2d 538, 539 (1939); Martin v. Pittsburgh Railways Company, 227 Pa. 18, 20 , 75 A. 837 , 837 (1910).
discussed Cited as authority (rule) Junk v. East End Fire Department (2×)
Pa. Super. Ct. · 1978 · confidence medium
Cox v. Wilkes-Barre Railway Corporation, 334 Pa. 568, 570 , 6 A.2d 538, 539 (1939); Martin v. Pittsburgh Railways Company, 227 Pa. 18, 20 , 75 A. 837 , 837 (1910).
Cox, Appellant,
v.
Wilkes-Barre Railway Corporation
Appeal, 130.
Supreme Court of Pennsylvania.
Apr 12, 1939.
6 A.2d 538
Thomas M. Lewis , with him Thomas F. Farrell, Jr. and M. F. McDonald, Jr. , for appellant. Evan C. Jones , with him Benjamin R. Jones, Jr. , of Bedford, Waller, Jones Darling , for appellees.
Kbphart, Schaffer, Maxey, Drew, Linn, Stern.
Cited by 35 opinions  |  Published

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 the motorman of the trolley car which was in collision with plaintiff’s automobile. The violation of duty so charged consisted of (a) operating the car at reckless speed; (b) in approaching a street intersection without warning; (c) failure to have the car under control.

It is clear that the proposed amendment introduced a new cause of action, to wit, defendant’s failure to maintain its right of way in a reasonably safe condition.[*570] There is no difficulty in defining the phrase “cause of action.” It obviously means what this court in Martin v. Pittsburgh Rys. Co., 227 Pa. 18, 75 A. 837, said it meant, to wit: “The negligent act or acts which occasioned the injury.” According to plaintiff’s original statement, the cause of action was the neglect of the motorman of the trolley car. According to the proposed amendment, the cause of action was the defendant company’s neglect in respect to its right of way. These two alleged causes of action are distinct. The defense to the original cause of action pleaded would be irrelevant, to the cause of action set forth in the proposed amendment. See Raskus v. Allegheny Valley Street Ry. Co., 302 Pa. 34, 153 A. 117.

It is elementary that after the Statute of Limitations has run a . plaintiff cannot amend his statement by introducing a new cause of action: Mays v. United Natural Gas Co., 268 Pa. 325, 112 A. 22.

The judgment is affirmed.