(DOWNLOAD) "George A. Landis v. City Philadelphia" by Superior Court of Pennsylvania ~ eBook PDF Kindle ePub Free
eBook details
- Title: George A. Landis v. City Philadelphia
- Author : Superior Court of Pennsylvania
- Release Date : January 22, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is an appeal from an order of the court below dismissing appellants negligence action against the City of Philadelphia. The trial court based its ruling on the fact that appellant failed to file a timely reply to appellees answer, in which, under the heading of new matter, appellee averred that appellant had not given the city the required notice of claim and that appellants action was therefore barred. While it is clear that under Pa.R.C.P. No. 1045(b), appellant, by failing to reply to the new matter, admitted the fact that appellee was not notified of the claim within six months after the alleged incident, we do not believe that this fact alone warranted the dismissal of appellants claim without additional findings by the trial judge. Consequently, we reverse.