Goldstein v. Graduate Hospital of the University of Pennsylvania

Opinion by

Mr. Justice Jones,

This is an appeal in a trespass action instituted in the Court of Common Pleas of Philadelphia from an order granting appellee’s motion to remove the judgment of non pros, taken by the appellant for failure of the appellee to file a complaint within twenty days after a rule was filed requiring appellee to do so or suffer judgment of non pros.

There is no dispute about the facts. The death of appellee’s decedent on November 24, 1967, was allegedly caused by the malpractice of certain physicians and the negligence of appellant.1 A summons in trespass was filed…