Monaco v. Montgomery Cab Co.

Opinion by

Me. Justice Cohen,

This is an appeal from the dismissal of a complaint in trespass against a corporate defendant because of improper venue.

In his complaint, plaintiff-appellant, Michael Monaco, alleged injuries arising out of an accident in Montgomery County caused by the negligence of an employee of defendant-appellee, Montgomery Cab Company. Plaintiff began suit in Philadelphia County by a writ of summons, which was served on November 18, 1957. Defendant filed a “de bene esse” appearance on November 27, 1957, “for the purpose of raising questions of jurisdiction.” The summons was…