West Penn Power Co. v. Nationwide Mutual Insurance

Opinion by

Watkins, J.,

This is an appeal from an order of the Court of Common Pleas of Butler County sustaining preliminary objections to appellant’s new matter and striking as impertinent to the issue new matter in appellant’s amended answer.

This action in assumpsit was brought by West Penn Power Company, the appellee, a public utility company, for electric service supplied to Nationwide Mutual Insurance Company, a corporation, the appellant, over a period of 31 months, beginning March 10, 1961, and ending September 10, 1963. Because of an error in billing or inadvertence on the part of the…