Griffin v. Caldwell

Clarence J. Henry, J,

Plaintiffs in the original action were passengers in an automobile owned and operated by one Kenneth Winkler, on July 20, 1959, when an accident occurred which resulted in claimed personal injuries to both plaintiffs.

On July 10,1962 (10 days before the expiration of the Statute of Limitations) plaintiffs caused a summons and complaint to be served on the defendants Caldwell and Cook, alleging that Winkler was the latters’ employee acting within the scope of Ms employment at the time of the accident. The complaint also named Winkler and a corporation (not concerned in this…