78 Pa. Super. 168 | Pa. Super. Ct. | 1922
Opinion by
This action of trespass for personal injuries resulted in a verdict in favor of the plaintiff. The statement of claim alleged the accident to have occurred at or near the intersection of 29th and Peter streets, in the rear of what is known as 2837 Ellsworth Street. The alleged negligence of the city was stated to be in not maintaining a proper sidewalk, in allowing it to remain in a dangerous, unsafe and defective condition, the bricks of which the sidewalk was constructed becoming broken, displaced and sunken, forming deep holes, cavities and ridges into and over which the plaintiff fell, etc.
At the conclusion of the plaintiff’s testimony, the plaintiff moved to amend the statement by substituting for the description “in the rear of what is known as 2837 Ellsworth Street” as follows: “in the rear of what is known as 2839 Ellsworth Street.’’ This was resisted by the city, but its objection was overruled by the court. However, the counsel for the city did not plead surprise at the change from 2837 Ellsworth Street to 2839 Ells-worth Street, and stated “we are satisfied to let it go to the jury at this time without putting in any defense, relying on our exception to the amendment to the statement of claim.” This action was instituted three days after the accident, so that the city had public notice of the demand against it. There were no numbers on the buildings or lots on Peter Street. If the location “at the intersection of 29th and Peter Streets, in the rear of what is known as 2837 Ellsworth Street” was at all misleading or doubtful, the door was open to the city for the investigation of the premises and a demand for a more specific description.
The judgment is affirmed.