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MORGAN v. DEAN PHIPPS STORES (ET AL. (03/15/68)

decided: March 15, 1968.

MORGAN
v.
DEAN PHIPPS STORES (ET AL., APPELLANT)



Appeal from order of Court of Common Pleas of Lackawanna County, Sept. T., 1964, No. 879, in case of Paul J. Morgan, administrator of estate of Gerald T. Morgan, deceased v. Dean Phipps Stores, The Bendix Corporation and Chain Bike Corporation.

COUNSEL

Harry P. O'Neill, Jr., with him Walsh and O'Neill, for appellant.

Hugh J. McMenamin, with him Warren, Hill, Henkelman & McMenamin, for appellee.

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

Author: Eagen

[ 429 Pa. Page 53]

This is an appeal from an order entered below permitting the original defendant in an action of assumpsit to join the appellant as an additional defendant. The appeal is from an interlocutory order from which an appeal does not lie. See Magaro v. Metropolitan Edison Co., 315 Pa. 369, 172 A. 865 (1934); Tallarico v. Autenreith, 343 Pa. 325, 22 A.2d 700 (1941). See also, Annot., 16 A.L.R. 2d 1023, 1027 (1951).

In fairness to appellant's counsel, we note that in Coppage v. Smith, 381 Pa. 400, 113 A.2d 247 (1955), this Court did entertain an appeal from an order similar to the one here involved. The question of the appealability of the order was not therein raised and the Court inadvertently passed upon the merits of the appeal. This action was improvident.

Appeal quashed.

Disposition

Appeal quashed.

19680315

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