Cox v. Felice Perri & Sons

Opinion by

Mr. Justice Benjamin R. Jones,

The propriety of an order of the Court of Common Pleas of Allegheny County which struck off a judgment of non pros entered in a trespass action for personal injuries is the sole issue on this appeal.

On February 20, 1961, George Cox (Cox) instituted an action of trespass for personal injuries against Felice Perri and Sons, (Perri), a partnership, sustained as the result of an accident which occurred on July 16, 1959. Perri joined Easton Lumber & Builders Supply Company (Easton) as an additional defendant.

On October 10, 1962, Perri’s counsel served on…