Legal Opinion

Truitt v. Hays

Pennsylvania Court of Common Pleas, Venango County

Decided February 28, 1963No. 19PublishedCited by 2 opinions

1Opinion of the Court

Breene, P. J.,

This is an action in trespass to recover damages for personal injuries sustained October 5,1961. We now have for consideration preliminary objections in the nature of a demurrer filed by defendants, Clinton A. Hays and Lois Hays, under Pennsylvania Rules of Civil Procedure 1017(b) (4), asking this court to rule as a matter of law that the complaint does not set forth a legal cause of action.

In adjudicating the questions raised, every material and relevant fact sufficiently pleaded in the complaint *454and every inference deducible therefrom are to be taken as true: Yania v. Bigan,…

2Cases cited17 opinions

  1. Wagner v. International Railway Co.New York Court of Appeals · 1921
  2. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  3. Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
  4. Yania v. BiganSupreme Court of Pennsylvania · 1959
  5. Claim of Waters v. William J. Taylor Co.New York Court of Appeals · 1916

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3Cited by2 opinions

  1. Yurecka v. ZappalaCourt of Appeals for the Third Circuit · 2006
  2. Marie M. Yurecka, Individually and as Administratrix of the Estate of William J. Yurecka, Deceased, and as Natural Guardian of M.M. Yurecka and K.W. Yurecka, Minors Brian R. Yurecka v. Jeffrey Zappala Arlene Piccioni-Zappala, Defendants-/Third-Party v. Ronald M. Rockwell Pennsylvania Turnpike Commission Ronald C. Rockwell, Third-PartyCourt of Appeals for the Third Circuit · 2006

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