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WURSTER v. PETERS

318 Pa.Super. 46 (1983)

464 A.2d 510

James WURSTER, Paul Wurster and Nelson Hare, Edwin A. Wurster and Gertrude Wurster v. Earl PETERS and City of Philadelphia defendants and Edwin Wurster, Phillip Miller and Conduit and Foundation Company. Appeal of CITY OF PHILADELPHIA.

Supreme Court of Pennsylvania.

Filed August 19, 1983.

Attorney(s) appearing for the Case

Thomas A. Sprague, City Solicitor, Philadelphia, for appellant.

Joseph Strimber, Philadelphia, for appellees.

Before BROSKY, CIRILLO and MONTEMURO, JJ.

BROSKY, Judge:

The issue before us in this appeal is whether the lower court erred in vacating a judgment of non pros which had been entered in appellant's favor. Because we find that the judgment should not have been removed, we reverse.

Appellees commenced this action by writ of summons on March 19, 1965. They seek damages for personal injuries allegedly suffered in an automobile accident which occurred...

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