RIZZO et ux. v. PITTSBURGH RAILWAYS CO. et al.


226 Pa.Super. 566 (1974)

Rizzo et ux., Appellants, v. Pittsburgh Railways Company et al.

Superior Court of Pennsylvania.

April 3, 1974.


Attorney(s) appearing for the Case

Louis Vaira, for appellants.

Howard K. Hilner, with him Joseph A. Fricker, Jr., Assistant City Solicitor, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent.)


OPINION BY JACOBS, J., April 3, 1974:

This is an appeal by the plaintiffs from a judgment of non pros. entered in favor of the defendants. The only issue before us is whether the lower court abused its discretion in granting the non pros.

The accident which precipitated this lawsuit occurred on October 18, 1962. On July 17, 1963, the plaintiffs filed their complaint in trespass. The case was listed for...

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