Anderson v. Bernhard Realty Sales Co.

Opinion by

Jacobs, J.,

The sole question presented by this appeal is whether the statute of limitations is tolled when the plaintiff files a praecipe for a writ of summons, but fails to deliver the writ to the sheriff for service. The lower court held that under such circumstances the statute of limitations is not tolled. We disagree and reverse.

The following relevant facts appear in the record: On October 17, 1968, plaintiff-appellant was injured when he fell in a hole on the premises of defendants. On July 8, 1970, appellant filed, in Allegheny County, a praecipe for a writ of summons in…