Zasloff v. Westinghouse Electric Co.

BROWN, J.,

— This case is before thq court en banc on defendant’s motion for judgment on the pleadings.

HISTORY

The complaint was served upon defendant on September 4, 1969, and was answered on October 20, 1969. In addition to his answer, defendant pleaded new matter and gave endorsed notice to plaintiff to reply to the new matter. Plaintiff filed no reply.

*551Defendant filed this motion for judgment on the pleadings on June 11, 1970, and argument was heard by Brown and Bolte, JJ. on December 22,1970.

THE PLEADINGS

Plaintiff alleges in her complaint that she, as executrix of the estate of her late…