Schaffer v. Batyko

Opinion by

Cercone, J.,

This case comes to our court on appeal from the lower court’s granting of defendant’s preliminary objections in the nature of an attack on the court’s jurisdiction over the person of defendant for want of service of either a writ of summons or complaint in trespass and for the running of the statute of limitations against plaintiff’s claim.

An account of the docket entries is necessary for a proper consideration of this case. On February 7, 1964, plaintiff filed a praecipe for writ of summons in trespass as a result of injuries suffered by him as an invitee on defendant’s…