Weiand v. Continental Transportation Lines

JOHNSTONE, P.J.,

This trespass action, involving only property damage, arose out of a collision which occurred on March 19, *6571964. A summons in trespass was issued on March 18, 1970, but the sheriff did not serve the writ for the reason that plaintiff did not pay the sheriffs costs. A complaint was filed on November 4, 1970. By praecipe filed November 12, 1970, plaintiff directed the reissuance of the summons and reinstatement of the complaint. The writ of summons and the complaint were served on defendant on November 25, 1970.

Defendant filed an answer and new matter in which it is alleged…