Carey v. Petrilak

Eagen, J.,

— Plaintiffs, passengers in a school bus, sued the driver thereof alleging negligence and subsequent injury.

Their action was not instituted and complaint filed until a few days before the two-year period of the statute of limitation expired. Within 60 days thereafter but at a time more than two years after the original cause of action arose, additional defendants were joined. The latter now move to dismiss the proceedings as to them.

The writ of joinder, issued more than two years subsequent to plaintiffs’ injuries, was too late to join additional defendants on an allegation of sole…