Grumbling v. Motter

Griffith, J.,

Defendant filed a preliminary objection asking that the complaint be stricken off because of a lack of conformity to law under Pa. R. C. P. 1017(6) (2).

Plaintiff brought suit in trespass before an aider-man, which resulted in a judgment being entered for plaintiff and against defendant in the sum of $80.65. Defendant appealed from the alderman’s judgment to this court, whereupon plaintiff filed a complaint in assumpsit claiming the same amount.

Plaintiff sets forth facts sufficient to sustain an action of trespass, and avers that plaintiff’s automobile while lawfully parked and…