206 Pa. 600 | Pa. | 1903
Opinion by
It is conceded that an amendment introducing a new cause of action will not be permitted after the statute of limitations has run in favor of the defendant. But if the amendment is merely a restatement of substantially the same cause of action, though in a different form, the variance in form will not prevent the amendment.
The plaintiff declared for slander by the words, “ damned bitch,” laid with an innuendo that, she being a married woman, was thereby charged with having been guilty of adultery. The amendment offered was to add the words “ whore and ” before the others, and the question is whether this would introduce a new charge (it being admitted that the statute had run since the speaking of the words), or merely presented the same substantial charge in a different form. The original statement as already said laid the words with an innuendo, “ thereby meaning the said plaintiff to charge with the crime of adultery,”
The words in the present case are laid with a colloquium which tends to sustain the innuendo. As the words so understood import a charge, as said by Chief Justice Gibson in Proper v. Luce, 3 P. & W. 65, “ ge-nerically the same ” as that in the amendment, it follows that the court could not refuse to allow
Judgment reversed and amendment directed to be allowed.