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LUCAS v. SEPTA

No. 3907.

68 Pa. D. & C. 2d 496 (1974)

Lucas v. SEPTA

Common Pleas Court of Philadelphia County, Pennsylvania.

December 16, 1974.

Attorney(s) appearing for the Case

Walter Lazaroff, for plaintiff.

G. Roger Bowers, for defendant.

Benjamin F. Levy, for additional defendant.

SABO, J., December 16, 1974.

Under the Pennsylvania Rules of Civil Procedure, in a trespass action the defense of the statute of limitations is properly raised by a defendant in his answer under the heading "New Matter": Pa. R. Civ. P. 1045(b).

Furthermore, under Pennsylvania case law, the affirmative defense of the statute of limitations may only be raised by new matter and not raised by preliminary objection...

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