Nath v. St. Clair Memorial Hospital

JACOBS,-Judge:

The issue before our Court on this appeal is whether the lower court abused its discretion when it granted appellee Dutney J. Hayes’ motion for a non pros. For the reasons hereafter set forth, we reverse.

The appellants in this case filed suit against all of the above parties on September 26, 1972, by means of a praecipe for writ of summons in trespass and assumpsit. These writs were never served, however, and were reissued on March 7, 1974. Thereafter on April 9, 1974, counsel for St. Clair Hospital, Robert McIlvaine and Ruth Tarquinio entered their appearances, ruled the…