Derr v. Reading Co.

Satterthwaite, J.,

— In this negligence action in which the Borough of Sellersville is joined as a codefendant, the sole question is whether the failure of plaintiff to allege notice to the munici*2pality of the accident, which occurred more than six months prior to the institution of suit, may be availed of by the borough on preliminary objections in the nature of a demurrer to the complaint or, alternatively, whether the borough is required to answer and raise this defense by way of new matter.

The Act of July 1, 1937, P. L. 2547, 53 PS §2774, requiring a person claiming damages arising from…