STATE FARM M.A. INS. CO. v. SEMPLE


407 Pa. 572 (1962)

State Farm Mutual Automobile Insurance Company v. Semple, Appellant.

Supreme Court of Pennsylvania.

May 21, 1962.


Attorney(s) appearing for the Case

Jack Brian, with him Stephen J. McEwen, for appellants.

George J. McConchie, with him John F. Cramp, and Cramp and D'Iorio, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. JUSTICE EAGEN, May 21, 1962:

This is a declaratory proceeding wherein the court below entered judgment for the petitioner. It is our conclusion that the court abused its discretion in assuming jurisdiction of the proceeding and that a vacation of the judgment is required.

The salient facts necessary for the purposes of this opinion are as follows: The defendant-appellant, Brown, suffered serious injuries when struck by an automobile operated...

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