CLANCY v. WILECZEK

No. 5448.

69 Pa. D. & C. 2d 510 (1974)

Clancy, Admx. v. Wileczek et al.

Common Pleas Court of Philadelphia County, Pennsylvania.

December 12, 1974.


Attorney(s) appearing for the Case

Dechert, Price & Rhoads, for plaintiff.

James Paul Dornberger, for defendant.


GUARINO, J., December 12, 1974.

This matter comes before the court on preliminary objections of one of two defendants in the nature of a demurrer.

Pa. R.C.P. 1017(b) (3) permits raising of preliminary objection in the nature of a demurrer, in limine, to test the legal sufficiency of plaintiff's cause of action: Balsbaugh v. Rowland, 447 Pa. 423. The complaint is in trespass for recovery of damages for death of plaintiff...

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