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MAZER v. SARGENT ELECTRIC COMPANY. (04/17/62)

April 17, 1962

MAZER, APPELLANT,
v.
SARGENT ELECTRIC COMPANY.



Appeal, No. 117, March T., 1962, from order of Court of Common Pleas of Allegheny County, Jan. T., 1959, No. 3606, in case of Edwin J. Mazer v. Sargent Electric Company and General Electric Company. Order affirmed.

COUNSEL

Harry Alan Sherman, for appellant.

Thomas J. Reinstadtler, Jr., with him Frederick N. Egler, David H. Trushel, and Reed and Egler, and Dickie, McCamey, Chilcote & Robinson, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Eagen

[ 407 Pa. Page 169]

OPINION BY MR. JUSTICE EAGEN

This is an appeal from an order in the court below refusing to strike off judgments of non pros.

On January 4, 1957, plaintiff, Edwin J. Mazer, while employed in the Homestead Plant of the United States Steel Corporation, was seriously injured when

[ 407 Pa. Page 170]

    he suffered a severe electrical shock while removing the outer cover from the circuit-breaker of an electrical transformer.

On January 2, 1959, a praecipe for summons in trespass was filed by his then counsel, wherein the Sargent Electric Company and the General Electric Company were named defendants. No complaint was filed.

On February 13, 1959, the defendant, the General Electric Company, filed a praecipe for a rule upon the plaintiff to file the complaint in the action. Service was duly made on plaintiff's counsel. On March 19, 1959, the same defendant filed a second praecipe for a rule upon the plaintiff to file the complaint which was also served on plaintiff's counsel.

On April 10, 1959, the defendant, the Sargent Electric Company, secured a rule directed to the plaintiff to file a complaint, service of which ...


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