Lutge v. Rosin

Oliver, P. J.,

On April 15,1937, the decedent, while a passenger in an automobile owned and operated by John T. Fegley, was injured when Fegley’s car collided with an automobile driven by defendant. On October 15,1937, an action in trespass was instituted by decedent against defendant. Following her death, on November 14, 1937, her administratrix c. t. a. was substituted as plaintiff. On January 19, 1938, defendant caused to be issued a writ of scire facias to join John T. Fegley as additional defendant on the ground that he is “alone liable to plaintiff for the cause of action declared on in…