Lambert v. Webb Manufacturing Co.

Crumlish, J.,

Defendant in this matter has petitioned to join an additional defendant.

The question before us arises from the following facts: On October 4, 1950, a fatal accident occurred at an intersection. The original defendant’s agent was the driver of a motor truck, owned by original defendant, which struck plaintiff’s decedent, a pedestrian. Service of the complaint was made on original defendant on October 13, 1950. No answer was filed. Pennsylvania R. C. P. 2253 provides that service on additional defendant must be made within 60 days after the service of the initial pleading “unless .…