MOYER v. PHILLIPS, M.D.


462 Pa. 395 (1975)

341 A.2d 441

John A. MOYER, Appellant, v. C.E. PHILLIPS, M.D.

Supreme Court of Pennsylvania.

Decided July 7, 1975.


Attorney(s) appearing for the Case

Andrew K. Parker, Sunbury, for appellant.

Leonard R. Apfelbaum, Sunbury, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, NIX and MANDERINO, JJ.


OPINION OF THE COURT

JONES, Chief Justice.

Appellant alleges a cause of action in libel. After suit was filed but before trial, the defendant, Dr. Phillips, died. The trial court entered an order dismissing any further proceedings on the basis that the cause of action died with the defendant. The Superior Court affirmed per curiam. We granted allocatur in order to consider the constitutional issues raised...

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