Maxson v. McElhinney
Supreme Court of Pennsylvania
1Opinion of the Court
Opinion by
Mr. Chief Justice Drew,
We are here faced with the question as to whether a petition to dismiss a complaint in trespass was a timely one under our Rules of Civil Procedure. The lower court held that it ivas and granted the prayer of the petition.
On May 21, 1949, Merle G-. Maxson was riding through the state of North Carolina in an automobile owned by and allegedly driven by Benjamin Harrison McElhinney when the car left the road and struck a tree killing both Maxson and McElhinney. Maxson’s widow brought this action on her own behalf and on behalf of her minor son against Estella E.…
2Cases cited7 opinions
- Rosenzweig v. HellerSupreme Court of Pennsylvania · 1930
- Usher v. West Jersey R.Supreme Court of Pennsylvania · 1889
- LaBar v. New York, Susquehanna & Western RailroadSupreme Court of Pennsylvania · 1907
- Dickinson v. JonesSupreme Court of Pennsylvania · 1932
- Roberts, Admr. v. Freihofer B. Co.Supreme Court of Pennsylvania · 1925
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3Cited by31 opinions
- Erie Indemnity Co. v. Coal Operators Casualty Co.Supreme Court of Pennsylvania · 1971
- Brown v. HahnSupreme Court of Pennsylvania · 1965
- Shirley M. Russell v. New Amsterdam Casualty Company and Consumers Public Power DistrictCourt of Appeals for the Eighth Circuit · 1962
- Rivera v. Philadelphia Theological Seminary of St. Charles Borromeo, Inc.Supreme Court of Pennsylvania · 1984
- Martin v. WilsonSupreme Court of Pennsylvania · 1952
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