WILL v. Malosky

Opinion by

Mb. Justice Eagen,

This case arises from an automobile accident on State Route 51 in Allegheny County, Pennsylvania, on October 27, 1963. The appellants, Paul J. Will, Jr., Jeanne Will, his wife, and their two children were injured when their car collided with an automobile driven by Nicolina Malosky, the appellee herein.

On January 14, 1964, the appellants filed suit against Nicolina Malosky. The- sheriff’s return indicated that he had not served process upon the appellee because she was in- Germany with her husband, a member of the Armed Forces of the United States. On September 15,…