435 Pa. 128 | Pa. | 1969
Sucevic
v.
Johnson, Appellant.
Supreme Court of Pennsylvania.
Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.
James F. Manley, with him Burns, Manley & Little, for appellant.
Ines W. Cordisco, for appellee.
OPINION PER CURIAM, June 27, 1969:
This action in trespass seeks recovery for personal injuries suffered by the plaintiff in the course of his employment with a subcontractor engaged in performing the masonry work in connection with the construction of a building. One of the defendants, the general contractor, filed preliminary objections to the complaint challenging, inter alia, the jurisdiction of the Common Pleas Court to entertain the action. The general *129 contractor contends that exclusive jurisdiction is under The Pennsylvania Workmen's Compensation Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 1 et seq. The lower court overruled the preliminary objections and this appeal followed. We quash.
The order appealed from is interlocutory and does not involve a jurisdictional question within the meaning of the Act of March 5, 1925, P.L. 23, § 1, 12 P.S. § 672. See Repyneck v. Tarantino, 403 Pa. 300, 169 A.2d 527 (1961).
Appeal quashed.
