Appeal, No. 128, March T., 1961, from order of Court of Common Pleas of Allegheny County, Oct. T., 1955, No. 2948, in case of Joseph Marucci v. Sidney Lippman. Order affirmed; reargument refused February 21, 1962.
Edward O. Spotts, with him James P. Gill, for appellant.
Donald W. Bebenek, with him George Y. Meyer, and Meyer, Darragh, Buckler & Bebenek, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.
OPINION BY MR. JUSTICE EAGEN
On February 26, 1955, an automobile operated by the plaintiff, Joseph Marucii, was involved in an intersection collision with an automobile operated by the defendant, Sidney Lippman.
On September 22, 1955, alleging that the accident was due to the carelessness of the defendant, the plaintiff instituted this action in the Court of Common Pleas of Allegheny County to recover damages. The sheriff did not serve the writ of summons and made a return "Not Found."
On November 21, 1955, Lippman instituted an action against Marucci, in the County Court of Allegheny County, for property damage sustained in the accident which he claimed was due to the carelessness of Marucci.
On January 3, 1956, counsel for Marucci filed a petition to transfer Lippman's action from the County Court to the Court of Common Pleas.
On March 25, 1959, the cases were listed for pretrial. Marucci's counsel moved that the actions be consolidated for trial. Lippman's counsel objected and called attention to the fact that service of the summons in the Marucci action had never been effected upon the defendant. Because of this defect the pre-trial judge refused to order consolidation.
On April 1, 1959, more than four years after the accident involved, the writ was ...