Legal Opinion

Maxson v. McElhinney

Supreme Court of Pennsylvania

Decided May 29, 1952No. Appeal, 116PublishedCited by 31 opinions

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

  1. Rosenzweig v. HellerSupreme Court of Pennsylvania · 1930
  2. Usher v. West Jersey R.Supreme Court of Pennsylvania · 1889
  3. LaBar v. New York, Susquehanna & Western RailroadSupreme Court of Pennsylvania · 1907
  4. Dickinson v. JonesSupreme Court of Pennsylvania · 1932
  5. Roberts, Admr. v. Freihofer B. Co.Supreme Court of Pennsylvania · 1925

2 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Erie Indemnity Co. v. Coal Operators Casualty Co.Supreme Court of Pennsylvania · 1971
  2. Brown v. HahnSupreme Court of Pennsylvania · 1965
  3. Shirley M. Russell v. New Amsterdam Casualty Company and Consumers Public Power DistrictCourt of Appeals for the Eighth Circuit · 1962
  4. Rivera v. Philadelphia Theological Seminary of St. Charles Borromeo, Inc.Supreme Court of Pennsylvania · 1984
  5. Martin v. WilsonSupreme Court of Pennsylvania · 1952

26 more not listed; retrieve them via the Exa API.

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