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SWANGER v. PYLES

204 Pa.Super. 72 (1964)

Swanger, Appellant, v. Pyles.

Superior Court of Pennsylvania.

September 17, 1964.

Attorney(s) appearing for the Case

H. Rank Bickel, Jr., for appellant.

L.E. Meyer, with him Meyer, Brubaker & Whitman, for appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).

OPINION BY ERVIN, J., September 17, 1964:

This appeal is concerned with the right of the trial judge to regulate the order of proof.

The facts are as follows: A complaint in trespass was brought by Joan A. Swanger, a married woman, for damages sustained in an automobile collision. The defendant filed an answer in which, under "New Matter," he pleaded a release of liability for damages occasioned as a result of the accident. The plaintiff answered the new matter...

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