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KENNEDY v. BD. OF SUP'RS, WARMINSTER TP.

243 Pa.Super. 46 (1976)

364 A.2d 442

Patrick P. KENNEDY, Jr., a minor by Louise Kennedy and Patrick P. Kennedy, parents and natural guardians of Patrick P. Kennedy, Jr., and Louise Kennedy and Patrick P. Kennedy, in their own right, v. BOARD OF SUPERVISORS OF WARMINSTER TOWNSHIP and Warminster Township, Appellants.

Superior Court of Pennsylvania.

September 27, 1976.

Attorney(s) appearing for the Case

James Lewis Griffith, Philadelphia, Henry F. Huhn, Cornwells Heights, for appellants.

Pratt, Clark, Gathright & Price, Ward F. Clark, Doylestown, for appellees.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SPAETH, Judge:

This is an appeal from an order opening a judgment entered upon appellees' failure to file a complaint within twenty days after service of a rule to file a complaint or suffer judgment of non pros.1

On July 17, 1967, the minor appellee fell from the steps of a tree house in a park allegedly controlled by appellants, and sustained serious injuries. The alleged cause of the fall was a defective stair. Sometime after...

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