Fink v. Fox

Koch, J.,

The matter before us is the disposition of defendants’, Gloria M. Fox and William B. Fox, motion for judgment on the pleadings. Before analyzing the grounds upon which the motion rests, it becomes necessary to refer to the history of this litigation growing out of a collision between motor vehicles operated by Wayne Arndt and Gloria M. Fox in the Borough of Emmaus on December 26,1953.

An action in trespass was instituted on December 23, 1955, by the filing of a praecipe for a summons which subsequently issued from the prothonotary. Defendants were Gloria M. Fox, William M. Fox, also…