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CARNEY v. HUGHES (06/11/58)

June 11, 1958

CARNEY
v.
HUGHES, APPELLANT.



Appeal, No. 74, April T., 1958, from order of County Court of Allegheny County, No. 2111 of 1954, in case of David Carney et al. v. D. Robert Hughes. Order affirmed.

COUNSEL

Harry W. Miller, with him Van der Voort, Royston, Robb & Leonard, for appellant.

William J. Krzton, with him Esler W. Hays, for appellees.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).

Author: Gunther

[ 186 Pa. Super. Page 577]

OPINION BY GUNTHER, J.

On February 7, 1958, on motion of counsel for plaintiffs the case involving this appeal was ordered transferred

[ 186 Pa. Super. Page 578]

    from the County Court of Allegheny County to the Court of Common Pleas.

The suit originally arose out of an automobile accident which occurred on May 14, 1953. Plaintiffs filed their action in trespass in the County Court September 13, 1954 for damages to the automobile of David Carney and personal injuries to David Carney and Robert B. Carney. On October 21, 1957, when the case came on for trial it was continued due to illness of one of the plaintiffs.

On January 27, 1958, counsel for the plaintiffs presented a petition for leave to amend the complaint and to transfer the case to the Court of Common Pleas of Allegheny County.

The petition represented, inter alia, that at the time of the filing of the action on September 13, 1954, in the County Court plaintiffs believed that their injuries were not too serious, that subsequently their physical condition got worse and that on March 31, 1957 one of the petitioners was compelled to undergo a serious surgical operation to the spine; petitioners further represented that their injuries and damages far exceeded their expectations and that their recovery should be in excess of $2,500.00 each.

The lower court upon consideration of the above representations granted the petition to amend and ordered the case ...


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