McSparran v. Gable

GRIM, District Judge.

Under amended Rule 14(a) of the Federal Rules of Civil Procedure, third-party actions may be started without leave of court if the third-party complaint is filed within ten days of the service of defendant’s answer on the plaintiif. However, if more than ten days have elapsed since the service of the answer, leave of court must be obtained. In this case a defendant requests such leave of court in a petition filed approximately twenty-six months after service of his answer.

In late 1959 there was a three-ear automobile collision on a Pennsylvania highway. X was a passenger…