McKain v. States Marine Lines

BODY, District Judge.

This action was originally brought in Common Pleas Court in Philadelphia County on May 5, 1961. On July 21, 1961 Jarka Corporation of Philadelphia (Jarka) entered an appearance pursuant to defendant’s praecipe for a suit to join Jarka as third-party defendant. Subsequently, the Supreme Court of Pennsylvania ruled that joinder of an. assumpsit action over against an additional defendant in a trespass action is. improper under Pennsylvania law. Lloyd v. Victory Carriers, Inc., 402 Pa. 484, 167 A.2d 689 (1961). Then, on October 16, 1961 the parties stipulated to the…