Thomas v. McLean Coal Co.

Thompson, J.,

This case resulted from personal injuries alleged to have been sustained by plaintiff on November 1, 1948, while employed as a truck driver by an independent trucker, who was securing a load of coal from the defendant’s coal mine.

The single question before us is as follows: “Is plaintiff’s action barred by the statute of limitations?”

The facts involved are not in dispute. Within a period of two years after the happening of the accident, a praecipe for summons in trespass was filed on behalf of plaintiff in the prothonotary’s office on October 29, 1948. No service of this original…