Jamison v. United Cigar Whelan Stores

Crumlish, J.,

Plaintiff’s cause of action arose on November 22, 1945. Plaintiff alleges *122that, on that date, he fell and was injured because of a defective condition in the sidewalk of premises 1349 Olney Avenue, Philadelphia. The original writ, summoning United Cigar Whelan Stores; Francis R. Taylor, trustee for Edward Wanton Smith, and Edward Wanton Smith, individually, as defendants, was issued November 14, 1947. Thereafter it was discovered that Francis R. Taylor and Edward Wanton Smith had predeceased the issuance of the writ. On August 11,1948, plaintiff, having petitioned the summer…