Murphy v. Smith

Opinion

Per Curiam,

On November 20, 1962, Mary Murphy and her husband Howard, filed a praecipe for summons in trespass against Darrell G. Smith, individually and trading as Cabana Beach Park, the summons being served on Darrell Smith. Smith gave the summons to the insurance agent (James W. Arbore) through whom he had purchased the liability insurance covering his premises. Arbore informed Smith that he would take care of the matter. On May 31, 1963, Smith was served with a complaint in trespass; again he called Mr. Ar-bore, who advised him that “There must be some mistake. Forward it to me and…