Shellito v. GRIMSHAW

Opinion by

Mr. Justice Chidsey,

This jurisdictional controversy arose out of an automobile collision in Erie County on November 28, 1949. One car was driven by Leo D. Metcalf, resident of Ohio, who died as a result of the accident. His passenger, Lloyd R. Shellito, also of Ohio, was injured. The driver of the other vehicle was Robert Grimshaw of Erie County.

Mrs. Metcalf, appellant, in her own name and as ancillary executrix of her husband’s estate, on February 11, 1950 issued a summons in trespass against Grimshaw, appellee, in Erie County. The same day Shellito instituted a trespass action…