Stokes v. Giarraputo & Son

Crumlish, J.,

— This is a motion to dismiss action as to additional defendant.

1. Isadore Weinstock, and three occupants of an automobile operated by Weinstock, instituted suit in trespass against Giarraputo & Son as a result of a *598collision with the Giarraputo truck. Subsequently, Giarraputo & Son obtained a severance of the claim of Weinstock from that of the other three plaintiffs. The petition and order for joinder of Weinstock as an additional defendant were served upon him at Fort Jackson, S. C., where he is in military service.

2. In support of the motion to dismiss, additional defendant…