McGuire v. Erie Lackawanna Railway Co.

SPAETH, Judge:

This is an appeal from an order denying a motion for summary judgment.

On February 2, 1972, Joy McGuire, then a high school student, was struck by an Erie Lackawanna freight train at a grade crossing; she died the same day. On October 15, 1973, her father, appellee here, filed a petition with the Erie County Register of Wills, requesting that he be appointed administrator of his daughter’s estate. On January 29,1974, he paid the filing fee for the issuance of the letters of administration. However, the letters were not issued because he had not posted bond when he filed the…