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SALAY v. BRAUN (11/14/67)

decided: November 14, 1967.

SALAY, APPELLANT,
v.
BRAUN



Appeal from order of Court of Common Pleas of Allegheny County, April T., 1965, No. 763, in case of Stephen S. Salay v. Alverta Braun.

COUNSEL

John A. Robb, with him Thomas Levendos, and Royston, Robb, Leonard, Edgecombe, Miller & Shorall, for appellant.

Bruce R. Martin, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen and O'Brien, JJ. Opinion by Mr. Justice Eagen. Mr. Chief Justice Bell dissents. Mr. Justice Roberts took no part in the consideration or decision of this case.

Author: Eagen

[ 427 Pa. Page 481]

The plaintiff was injured when his automobile was struck from the rear by an automobile operated by the defendant. The accident occurred in Washington County, Pennsylvania, on March 1, 1963. This suit

[ 427 Pa. Page 482]

    for damages was instituted in Allegheny County on January 20, 1965, by causing a writ of summons in trespass to issue. At that time the defendant was a resident of Washington County and personal service of the writ was made on the defendant at her home in Washington County by the sheriff of that county, who had been deputized for this purpose by the sheriff of Allegheny County.

The defendant through preliminary objections attacked the "jurisdiction" of the court of Allegheny County and requested that the writ be dismissed. The court set aside the service, concluding it was improper and not authorized by the Rules of Civil Procedure, but refused to dismiss the writ.

On June 22, 1965, the plaintiff caused the writ of summons to be reissued and also filed his complaint. The new writ and complaint were personally served on the defendant by the sheriff of Allegheny County at her recently acquired residence in Allegheny County.

The defendant filed preliminary objections challenging the "venue" of the Allegheny County courts. The lower court sustained the objections and dismissed the action. The plaintiff appeals.

We reverse.

The issue for determination is whether or not venue properly lies in Allegheny County. "Jurisdiction" and "venue" should not be confused. The Allegheny County courts clearly have "jurisdiction" of automobile accident cases. Cf. ...


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