SYKES et vir v. S.E. PA. TRANS. AUTH.


225 Pa.Super. 69 (1973)

Sykes et vir, Appellants, v. Southeastern Pennsylvania Transportation Authority.

Superior Court of Pennsylvania.

September 19, 1973.


Attorney(s) appearing for the Case

Gary Green, with him Wilbur Greenberg, and Sidkoff, Pincus, Greenberg, Wapner & Golden, for appellants.

Norman M. Hegge, Jr., with him Joseph F. Kecner, Jr., for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.


OPINION BY JACOBS, J., September 19, 1973:

In this case plaintiffs appeal the dismissal of their complaint with prejudice which in effect terminated their cause of action and barred any attempts at amendment. The dismissal was based on a demurrer which was properly sustained. However, on the state of the record, the action barring further attempts at amendment was prematurely taken by the court below.

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