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FANTE v. PHILADELPHIA TRANSPORTATION COMPANY (ET AL. (09/15/72)

SUPERIOR COURT OF PENNSYLVANIA


decided: September 15, 1972.

FANTE
v.
PHILADELPHIA TRANSPORTATION COMPANY (ET AL., APPELLANT)

Appeal from judgment of Court of Common Pleas, Trial Division, of Philadelphia, Sept. T., 1967, No. 1849, in case of Arlene Fante v. Philadelphia Transportation Company and Sol Berenson.

COUNSEL

Herbert F. Holmes, Jr., for appellant.

Simon J. Denenberg, for appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ.

Author: Per Curiam

[ 222 Pa. Super. Page 277]

It is settled law that the mere appeal of one defendant in compulsory arbitration is of no avail to another defendant, so that a judgment entered after the lapse of appeal time will not be opened or stricken. Flouders v. Foster, 212 Pa. Superior Ct. 418, 243 A.2d 146 (1968). Appellant, therefore, is not entitled to the relief he seeks.

Appellant states that execution on the judgment may subject him to greater liability than the law provides for a joint tort-feasor, if it is determined in the existing appeal that the other tort-feasor had a valid release. The question of whether execution should be stayed was not before the court below and is not properly before us.*fn1

Judgment affirmed.

Disposition

Judgment affirmed.


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