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BERGER v. PITTSBURGH AUTO EQUIP. CO.

387 Pa. 61 (1956)

Berger, Appellant, v. Pittsburgh Auto Equipment Company.

Supreme Court of Pennsylvania.

November 27, 1956.

Attorney(s) appearing for the Case

Leonard M. Mendelson, with him Mortimer B. Lesher, for appellant.

John K. Tabor, with him Stuart N. Hutchison, Jr., Aims C. Coney, Jr., and Kirkpatrick, Pomeroy, Lockhart & Johnson, for appellee.

Before STERN, C.J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, November 27, 1956:

The principle that controls the present stage of this controversy is that a proceeding to open a judgment is addressed to the sound discretion of the court, and unless it clearly abuses that discretion its action will not be disturbed on appeal: Deviney v. Lynch, 372 Pa. 570, 94 A.2d 578.

Plaintiff, David Berger, and...

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