Gagliardi v. Lynn

Opinion by

Mr. Justice Pomeroy,

This is an appeal from a summary judgment in an action in trespass entered in favor of appellees, defendants below. The complaint in the case is entitled “Complaint in Trespass for false imprisonment”. The answers did not deny any factual averments, but asserted as new matter the bar of the statute of limitations. No depositions were taken nor affidavits filed, and the only facts before us are those set forth in the amended complaint; these must be taken as true for purposes of this appeal. See Pa. R. C. P. 1035(b); Bata v. Central-Penn National Bank of…