McGinnis v. The Valvoline Oil Works, Limited

• Court: Pennsylvania Supreme Court
• Writing for the Court: MR. JUSTICE MOSCHZISKER:
• Citation: McGinnis v. The Valvoline Oil Works, Limited, 251 Pa. 407, 96 A. 1038 (Pa. 1916)
• Decision Date: 03 January 1916
• Docket Number: 82
• Parties: McGinnis. Appellant, v. The Valvoline Oil Works, Limited

96 A. 1038

251 Pa. 407

McGinnis. Appellant, v. The Valvoline Oil Works, Limited

No. 82

Supreme Court of Pennsylvania

January 3, 1916

Argued October 7, 1915

Appeal, No. 82, Oct. T., 1915, by plaintiff, from order of C.P. Butler Co., June T., 1913, A.D. No. 10, refusing to permit an amendment, in case of W. C. McGinnis v. The Valvoline Oil Works, Limited, a corporation. Reversed.

Trespass to recover damages for personal injuries.

Motion for leave to amend the record and pleadings by changing the name of defendant from "The Valvoline Oil Works Limited, a corporation," to "The Valvoline Oil Works, Limited, a partnership association." Before REIBER, P.J.

The opinion of the Supreme Court states the facts.

The court refused the motion. Plaintiff appealed.

Error assigned was the order of the court.

The assignments of error are sustained, the order is reversed the amendment allowed and the record returned to the court below with a procedendo.

W. H. Martin, with him Edgar H. Negley, for appellant.

W. D. Brandon, with him J. Campbell Brandon, for appellee.

Before BROWN, C.J., POTTER, STEWART, MOSCHZISKER and FRAZER, JJ.

OPINION

MR. JUSTICE MOSCHZISKER:

This is an appeal by the plaintiff from an order of the court below refusing to permit an amendment in the designation of the party defendant.

"The Valvoline Oil Works, Limited," is a partnership association, created and existing under the laws of this State, with its principal office and works at East Butler, where the plaintiff was employed. He was injured, at the defendant's plant, on March 19, 1911, and brought suit to recover damages from his employer, naming it as "The Valvoline Oil Works, Limited, a corporation." On November 5, 1914, the plaintiff having learned that the defendant was a partnership association, and not a corporation, moved for leave to amend by striking from its name the words, "a corporation," and adding, in their stead, the words, "a partnership association." The court below refused to permit this amendment, on the ground that it introduced a new party to the action after the statute of limitations had run; hence this appeal.

The lawyers who accepted service of the original summons were attorneys for "The Valvoline Oil Works, Limited," for whom the plaintiff worked, and in whose service he was injured; at that time, they also represented a corporation named "The Valvoline Oil Company," with whom the plaintiff, so far as the record shows, had no connection.

The appellant contends that the desired amendment does not name a new party defendant, but merely corrects the name of the defendant originally designated and summoned, citing: Wright v. Eureka Tempered Copper Co., 206 Pa. 274; Druckenmiller v. Young, 27 Pa. 97. (See also Meitzner v. Balto. & Ohio R.R. Co., 224 Pa. 352, and Tonge v. Item Publishing Co., 244 Pa. 417.)

On principle, the above authorities rule the present case. "The Valvoline Oil Company" was not designated or summoned as defendant, but a concern with quite a different name -- "The Valvoline Oil Works Limited"; and, since we have no "limited" corporations in this country, it is...