154 A. 311 | Pa. | 1931
This suit was brought in Philadelphia against a citizen of the State of New York on account of personal injuries sustained in an automobile accident in Bucks County, Pennsylvania. The defendant, denying that jurisdiction had been acquired over him, presented his petition to the trial court to have that question preliminarily determined under the Act of March 5, 1925, P. L. 23, and, from a decision sustaining such jurisdiction, he brought this appeal.
We are unable to sustain his contention. The action being transitory (see D., L. W. R. R. v. Ashleman et ux.,
The ease with which motor vehicles can be driven beyond the borders of the State before process can be served is so apparent as might seem to justify the act first above referred to. The question of its constitutionality, however, was not raised either in the lower court or on this appeal. We have not considered as important the fact that prior to the bringing of this action appellant had brought suit in Philadelphia County against the appellee on account of the same accident.
The order is affirmed. *142