Practice — Complaint — Averments — Legal conclusions — Sufficiency — Liability over, or joint liability — Limitations.
In a suit for injuries caused by a fall from a pole owned by defendant power company, in which defendant joined plaintiff's employer as an additional defendant and averred that additional defendant had no right to use the pole and that if the plaintiff, in the course of his employment for additional defendant, ascended the pole, he had done so as a trespasser, it was Held that (1) the facts alleged in defendant's complaint did not support a finding of additional defendant's liability over, or joint liability, and (2) additional defendant's preliminary objections pleading the statute of limitations to defendant's complaint were properly sustained.
OPINION PER CURIAM, January 3, 1950:
The judgment is affirmed on the opinion of the learned court below.