Caimaichelo v. Pinkston

DiGGlNS, J.,

The issue to be resolved in this matter concerns plaintiff’s petition and outstanding rule to strike the order of discontinuance filed voluntarily by counsel for plaintiff on June 25, 1963. The relevant facts are hereinafter set forth.

On January 18, 1963, plaintiff, through counsel, filed in Delaware County a complaint in trespass alleging, inter alia, that defendant was responsible to plaintiff for certain personal injuries sustained by *728him as a result of an automobile accident which occurred on May 25, 1962. An appearance was thereafter entered by counsel for defendant and,…