Plaintiff sued the City of Scranton for injuries incurred in a sidewalk accident on January 30, 1936. The suit was commenced by summons on January 29, 1938, and plaintiff’s statement of claim was filed March 7, 1940. Between the date of the accident and the date of suit, the Act of July 1, 1937, P. L. 2547, was enacted, which act by its terms took
The petition of the city to enter a judgment of non pros, avers that this action was not brought within six months from the date of the negligence complained of, within the meaning of the act of assembly, and that no notice was given within six months of the alleged negligence, either by written notice as required by the act or by filing a statement of claim within the six months’ period. The city contends that the act should apply even though the cause of action arose prior to the act. If we were to interpret the act strictly as the city contends, every cause of action of a similar type which arose more than six months prior to July 1, 1937, and of which no written notice had been given to the city, would be automatically barred. We do not believe that this was the intention of the legislature. There is no attempt in the act to change the statute of limitations for the bringing of actions for damages for personal injuries incurred because of the negligence of a defendant, which is two years. All that the legislature did by this act was to require a notice to be filed of such accident. A plaintiff even after the passage of the act still had his period of limitation within which to commence action.
Section 52 of the Statutory Construction Act of May 28, 1937, P. L. 1019, contains the following:
“In ascertaining the intention of the legislature in the enactment of a law, the courts may be guided by the following presumptions among others:
“1. That the Legislature does not intend a result that is absurd, impossible of execution or unreasonable”.
Since we hold that the interpretation sought by the city of the Act of 1937 would be absurd, unreasonable, and contrary to the intention of the legislature, we need go no further; but we point out that the construction of the Act of 1937 sought by the city as to causes of action
Now, April 24,1940, the rule to show cause why judgment of non pros, should not be entered against plaintiff in the above-entitled case is discharged.
