WISSLER, J., January 20, 1950.
B. Frank Eshleman, plaintiff, on April 18, 1949, by the filing of a complaint brought an action in trespass against Richard Mummert (by amendment Richard Mumper) to recover property damages as a result of an automobile collision on the Harrisburg Pike. Defendant in his answer to the complaint alleged the following as "New Matter": "(15) The defendant did on the third day of January, 1949, bring an action in trespass before James E. Hockenberry...
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