Marucci v. Lippman

Opinion by

Mr. Justice Eagen,

On February 26, 1955, an automobile operated by the plaintiff, Joseph Marucci, was involved in an intersection collision with an automobile operated by the defendant, Sidney Lippman.

On September 22, 1955, alleging that the accident was due to the carelessness of the defendant, the plaintiff instituted this action in the Court of Common Pleas of Allegheny County to recover damages. The sheriff did not serve the writ of summons and made a return “Not Found.”

On November 21, 1955, Lippman instituted an action against Marucci, in the County Court of Allegheny County,…