Holly v. Wilkes-Barre Railway Co.

Luzerne County Court of Common Pleas

Holly v. Wilkes-Barre Railway Co.

6 Pa. D. & C. 452, 1924 Pa. Dist. & Cnty. Dec. LEXIS 486

CourtPennsylvania Court of Common Pleas, Luzerne County

DecidedJanuary 9, 1924

DocketNo. 41

StatusPublished

This text of 6 Pa. D. & C. 452 (Holly v. Wilkes-Barre Railway Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Luzerne County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Holly v. Wilkes-Barre Railway Co., 6 Pa. D. & C. 452, 1924 Pa. Dist. & Cnty. Dec. LEXIS 486 (Pa. Super. Ct. 1924).

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Opinion

Jones, J.

Suit in trespass commenced March 9, 1921; statement filed Jan. 9, 1924.

Petition for non pros, filed July 10, 1924, averring that by reason of the laches of the plaintiff, defendant has been prejudiced, and answer filed to the same.

Piling the statement in January, 1924, is some evidence of activity; there is at least no presumption of abandonment, and, therefore, we will hold the rule for non pros.; unless plaintiff with due diligence prosecutes this action, the rule will be made absolute.

From F. P. Slattery, Wilkes-Barre, Pa.

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Jones, J.

Suit in trespass commenced March 9, 1921; statement filed Jan. 9, 1924.

Petition for non pros, filed July 10, 1924, averring that by reason of the laches of the plaintiff, defendant has been prejudiced, and answer filed to the same.

Piling the statement in January, 1924, is some evidence of activity; there is at least no presumption of abandonment, and, therefore, we will hold the rule for non pros.; unless plaintiff with due diligence prosecutes this action, the rule will be made absolute.

From F. P. Slattery, Wilkes-Barre, Pa.

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6 Pa. D. & C. 452, 1924 Pa. Dist. & Cnty. Dec. LEXIS 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holly-v-wilkes-barre-railway-co-pactcomplluzern-1924.