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GAETANO v. SHARON HERALD COMPANY (06/29/67)

decided: June 29, 1967.

GAETANO
v.
SHARON HERALD COMPANY, APPELLANT



Appeal from order of Court of Common Pleas of Allegheny County, July T., 1966, No. 4044, in case of Salvatore Gaetano and Josephine Gaetano, his wife, Salvatore Gaetano, Jr. et al. v. Sharon Herald Company and Mairy Jayn Woge.

COUNSEL

Philip E. Brockway, with him William C. Kuhn, and Brockway, Brockway & Kuhn, for appellants.

Louis C. Glasso, with him Leonard L. Martino, for appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen.

Author: Eagen

[ 426 Pa. Page 180]

This is a libel action based upon an alleged defamatory article appearing in a newspaper published by the

[ 426 Pa. Page 181]

    corporate defendant, Sharon Herald Company (Corporation), and written by one of its employees, the individual defendant, Mairy Jayn Woge.

Corporation's sole place of business is in the city of Sharon, Mercer County, Pennsylvania, where the newspaper involved was admittedly composed, printed and published. The newspaper, in most part, was circulated in Sharon and the immediate area; however, twenty-five copies thereof or a relatively small number of the total publication were delivered through the United States mails to subscribers in Allegheny County, wherein all of the plaintiffs reside.

The action was instituted in Allegheny County and the complaint was served upon both defendants at Corporation's place of business in Mercer County by the sheriff of that county, who was deputized by the sheriff of Allegheny County for this purpose. The defendants each filed preliminary objections challenging the propriety of venue in Allegheny County. The lower court overruled the objections and this appeal followed.*fn1

The appeal poses distinct questions as to each defendant, and separate discussion is required.

Venue as to Corporation

Under the Pennsylvania Rules of Civil Procedure (Pa. R. C. P. 2179(a)(3)), a personal action against a corporation may be brought in the county where the cause of action arose. See Monaco v. Montgomery Cab Co., 417 Pa. 135, 208 A.2d 252 (1965). Corporation contends that the cause of action, or the ...


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