Pesta v. BARRON

Opinion by

Rhodes, P. J.,

This is an appeal by Long Transportation Company, additional defendant in a trespass action, from the order of the Court of Common Pleas of Westmoreland County permitting the plaintiffs to voluntarily discontinue the action. Our review is to determine whether the court below abused its discretion. See Brown v. T. W. Phillips Gas and Oil Company, 365 Pa. 155, 159, 74 A. 2d 105.

Plaintiffs brought an action in trespass on May 16, 1956, in the Court of Common Pleas of Westmoreland County, against Jack Barron the driver and Vernon Carpenter the owner of a tractor-trailer…