Meads Et Ux. v. Rutter

Opinion by

Baldrige, J.,

Arthur M. Meads and Erdine H. Meads, his wife, brought an action of trespass against Mark Rutter on account of property loss and personal injuries sustained in an automobile accident.

To the plaintiffs’ statement of claim, defendant filed an affidavit of defense, raising the question of law that he, at the time of the accident, was an employee of the Secretary of Highways of the Commonwealth of Pennsylvania which has immunity from a suit without its consent. The court below decided adversely to the defendant, with leave to file a supplemental affidavit of defense. The…