Mason v. Smith

This appeal arises from a personal injury suit by the plaintiffs Tyrone Mason, Ronald Marbles and Frederick L. Mathews against the defendant Frank B. Smith. In their complaint, filed on September 25, 1969, plaintiffs alleged that on August 27, 1968, Smith negligently caused a vehicle he was driving to collide with one driven by Tyrone Mason with the other plaintiffs as passengers. Summons issued but the Sheriff made a return that Smith could not be found at the address given.

On September 14, 1970, plaintiffs filed an amended complaint in which they added as an additional party-defendant the…