Del Quadro v. City of Philadelphia

Appellant, Inez Del Quadro, has filed this appeal from an order of the lower court entering judgment on the pleadings, Pa.R.C.P. 1034, in favor of appellee, City of Philadelphia; 1 the judgment having been entered for want of a sufficient reply to new matter. We vacate the judgment and remand.

Appellant brought this action in trespass to recover damages for personal injuries which she suffered as a result of a fall on a public street in Philadelphia, Pennsylvania. Although the cause of action arose on October 19, 1970, a writ of summons was not filed until November 13, 1972. After the…