Brown v. T. W. Phillips Gas and Oil Co.

Opinion by

Mr. Justice Jones,

This appeal raises two questions with respect to the lower court’s exercise of its discretion (1) in permitting the plaintiffs, over the defendant’s objection, to discontinue the action and (2) in refusing the defendant’s motion for judgment in its favor after the court had sustained preliminary objections to the plaintiffs’ complaint. The facts giving rise to these questions reveal an unusual course of procedure.

The plaintiffs, self-averred citizens and residents of Indiana County, Pennsylvania, brought this action in trespass in the Court of Common Pleas of…