Barber & Co. v. Scranton Railway Co.
Superior Court of Pennsylvania
Appeal, No. 14, March T., 1921, by defendant, from order of C. P. Luzerne County, March T., 1920, No. 180, dismissing motion to set aside service and summons in the case of S. K. Barber and Company v. Scranton Railway Company. Trespass to recover damages for injury to motor truck. Before Woodward, J. Motion to set aside service of summons. The facts are stated in the opinion of the Superior Court. The court dismissed the motion. Defendant appealed.
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Appeal, No. 14, March T., 1921, by defendant, from order of C. P. Luzerne County, March T., 1920, No. 180, dismissing motion to set aside service and summons in the case of S. K. Barber and Company v. Scranton Railway Company. Trespass to recover damages for injury to motor truck. Before Woodward, J. Motion to set aside service of summons. The facts are stated in the opinion of the Superior Court. The court dismissed the motion. Defendant appealed. Error assigned., among others, was the order of the court. — Unless the return shows on its face that service has been made in the manner required…
1Opinion of the Court
Opinion by
Keller, J.,
The defendant is a street railway corporation operating, and having corporate property situate, in both Lack-awanna and Luzerne Counties. Its office is located in Lackawanna County and its officers reside there. Plaintiffs claiming to have suffered injury to their property by the negligent operation of defendant’s car “at a point about a mile north of Duryea Borough,?’ brought an action in trespass in Luzerne County. The sheriff of Luzerne County made return as follows: “I hereby certify and return that the within named defendant corporation having no office or place of…
2Cases cited2 opinions
- DeHaas v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1918
- Pearce v. LangfitSupreme Court of Pennsylvania · 1882