Opinion
April 9, 1962.
June 13, 1962.
Practice — Service of process — Jurisdiction — Nonresidents — Operation of motor vehicle within Commonwealth — Suit arising out of accident — Act of May 14, 1929, P.L. 1721, as amended — Pa. R.C.P. 2079.
In a trespass case, in which it appeared that plaintiff was in arrears in payments for a truck which he was purchasing on a bailment lease; that he was doing some work upon the truck, and the oil had been drained out of the crank case; that at this time defendants appeared and repossessed the truck, and, despite a warning that there was no oil in the crankcase, drove it upon the highway; that, subsequently, the arrears were paid, possession of the truck was taken by plaintiff, and thereafter it was discovered that the motor in the truck had been burned out and ruined; that service was had upon defendants, who were nonresidents, under the Act of May 14, 1929, P.L. 1721, as amended, and under Pa. R.C.P. No. 2079; and that the court below, holding that the destruction of the engine was an accident within the meaning of the Act of 1929, and that defendants were properly served, refused to strike off the judgment entered against defendants by default; it was Held that the judgment of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeals, Nos. 80 and 82, April T., 1962, from judgment of Court of Common Pleas of Armstrong County, Dec. T., 1960, No. 236, in case of Joseph Ferraro v. W.R. Crowell, Jr. et al. Judgment affirmed; reargument refused July 5, 1962.
Same case in court below: 27 Pa. D. C. 2d 242.
Proceeding upon petition of defendants and rule to show cause why judgment entered by default in action of trespass for property damages should not be stricken off.
Order entered refusing petition, opinion by GRAFF, P.J. Defendants appealed.
Robert E. Pryde, for appellants.
B. Albert Bertocchi, for appellee.
Argued April 9, 1962.
The judgment of the Court of Common Pleas of Armstrong County is affirmed on the opinion of President Judge J. FRANK GRAFF for the court below, reported at 27 Pa. D. C. 2d 242.