Baumgartner v. Whinney

Opinion by

Reno, J.,

Plaintiff sued in trespass to recover for personal injuries and damages to his automobile sustained in a collision with a motor truck driven by one of defendant’s servants on February 24, 1939. Defendant’s affidavit of defense denied liability and alleged, as a counterclaim, an action against plaintiff for damages to defendant’s truck. A settlement was subsequently agreed upon by persons purporting to iact for the parties to the action, and an order was filed with the prothonotary on February 27, 1940, directing him to mark the suit “settled, discontinued and ended.” On…