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MAXSON v. McELHINNEY

370 Pa. 622 (1952)

Maxson, Appellant, v. McElhinney.

Supreme Court of Pennsylvania.

Reargued May 28, 1952.

May 29, 1952.

Attorney(s) appearing for the Case

George A. Baldwin, Jr., with him George A. Baldwin and Baldwin & Baldwin, for appellant.

Leonard L. Ewing, with him Reed, Ewing & Ray, for appellee.

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

OPINION BY MR. CHIEF JUSTICE DREW, May 29, 1952:

We are here faced with the question as to whether a petition to dismiss a complaint in trespass was a timely one under our Rules of Civil Procedure. The lower court held that it was and granted the prayer of the petition.

On May 21, 1949, Merle G. Maxson was riding through the state of North Carolina in an automobile owned by and allegedly driven by Benjamin Harrison McElhinney when the car left the road and...

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