FAY v. McFADDEN (NO. 1)

No. 175.

52 Pa. D. & C. 2d 313 (1970)

Fay v. McFadden (No. 1)

Common Pleas Court of Mercer County, Pennsylvania.

November 16, 1970.


Attorney(s) appearing for the Case

Cyril Garvey, for plaintiff,

P. Raymond Bartholomew, for defendant.


ACKER, J., November 16, 1970.

The matter for determination arises from a preliminary objection in the nature of a demurrer to a complaint in assumpsit. The basic issue is whether contribution can be claimed in this action when the initial right to sue and the right to contribution would both have been denied by the State of the wrong.

It appears that on October 21, 1969, plaintiff, William D. Fay, a resident of 3640 Neilson Avenue, Youngstown, Mahoning County...

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