CALDERAIO v. ROSS


395 Pa. 196 (1959)

Calderaio, Appellant, v. Ross.

Supreme Court of Pennsylvania.

March 20, 1959.


Attorney(s) appearing for the Case

Louis Mitchell Paul, with him Charles A. Greene, Jr., for appellant.

Jack Brian, with him Berman, Richard & Brian, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and McBRIDE, JJ.


OPINION BY MR. JUSTICE BELL, March 20, 1959:

This is an appeal from the refusal of the Court below to remove a compulsory nonsuit entered by the trial Judge.

Plaintiff filed his complaint in trespass alleging property damages to his automobile and personal injuries arising out of a collision with defendant's car on May 31, 1955. Written interrogatories were served on plaintiff on October 28, 1955, and although frequently requested, plaintiff did not serve...

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