Socha v. Metz

Opinion by

Me. Justice Jones,

The question in this case is whether the City of Philadelphia, in the trespass action here involved, waived its defense of liability for workmen’s compensation when it did not formally raise the employer-employee relationship between it and the plaintiff’s decedent until the plaintiff issued a mandamus execution to obtain satisfaction from the City of her judgment recovered against the City and the other defendants jointly.

The plaintiff is the widow and personal representative of Stanley A. Socha who died as a result of injuries received in a collision between a…