Leibowitz v. Platt

Monroe, J.,

The issue before us is whether the discontinuance of the above entitled action, entered by the prothonotary as a matter of course on praecipe of plaintiffs, should be stricken.

The action is one of trespass instituted by plaintiffs, husband and wife, on July 8, 1965, by filing of a complaint wherein damages are sought of defendant for alleged personal injuries incurred by wife-plaintiff, and derivative damages sustained by husband plaintiff, by reason of a fall of wife plaintiff, allegedly caused by the negligence of Vernon Platt at the Alp’s Miniature Golf Course situate in this…