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McCAULEY v. HAIGHT

No. 60 of 1985.

46 Pa. D. & C. 3d 666 (1986)

McCauley v. Haight

Common Pleas Court of Warren County, Pennsylvania.

July 10, 1986.

Attorney(s) appearing for the Case

Richard A. Hernan, for plaintiffs.

John M. McLaughlin, for defendants.

Mark E. Mioduszewski and John O. Dodick, for defendants.

WOLFE, P.J., July 10, 1986.

Plaintiffs have filed preliminary objections to defendants' answer containing new matter, specifically paragraph 14 of the new matter which alleges:

"Defendants plead the doctrine of sudden emergency as an affirmative defense."

Plaintiffs argue the doctrine of sudden emergency is not an affirmative defense, or, if it is, it must be more specifically pleaded.

Our initial order of June 5, 1986, opined the doctrine...

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