HOLLOPETER v. WASSIL

No. 51.

22 Pa. D. & C. 2d 199 (1960)

Hollopeter v. Wassil

Common Pleas Court of Mercer County, Pennsylvania.

September 16, 1960.


Attorney(s) appearing for the Case

George Hardy Rowley, for plaintiff.

Martin E. Cusick, for defendant.


RODGERS, P. J., September 16, 1960.

The question for decision is whether the failure of a plaintiff to reply to an answer in trespass setting up new matter and endorsed with a notice to plead admits any allegations of facts in the answer other than those relating to identity, agency and ownership.

We hold that it does not.

The bar has long sought to have the failure to reply to an answer in trespass amount to an admission of the facts alleged in the...

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