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WAUGH v. STEELTON TAXICAB COMPANY

371 Pa. 436 (1952)

Waugh, Appellant, v. Steelton Taxicab Company.

Supreme Court of Pennsylvania.

June 24, 1952.

Attorney(s) appearing for the Case

Harold R. Prowell, with him Elmer E. Harter, Jr. and Prowell & Harter, for appellant.

Arthur Berman, with him Samuel Handler and Compton, Handler & Berman, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE MUSMANNO, June 24, 1952:

The plaintiff, who was injured while riding in a taxicab owned by a "Steelton Taxicab Company", brought a suit in trespass against the said Steelton Taxicab Company, designating it as a corporation, only to find, after the statute of limitations had run, that the said taxicab "company" was not a corporation but a fictitious name used by Anthony John Kosir in the conduct of his taxicab business.

The plaintiff...

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