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HABERERN v. LEHIGH & NEW ENGLAND RY. CO.

243 Pa.Super. 1 (1976)

364 A.2d 420

Bela M. HABERERN, Appellant, v. The LEHIGH AND NEW ENGLAND RAILWAY COMPANY and R.D. Timpany, solely as trustee of the property of the Central Railroad Company of New Jersey and the Central Railroad Company of New Jersey, Appellees.

Superior Court of Pennsylvania.

September 27, 1976.

Attorney(s) appearing for the Case

Thomas F. Traud, Jr., Allentown, for appellant.

Cody H. Brooks, Scranton, Teel, Stettz, Shimer & DiGiacomo, Stanley E. Stettz, Easton, for appellees the Central R.R. Co. of N.J.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SPAETH, Judge:

Appellant filed a complaint in trespass and assumpsit against appellees1 on May 6, 1974. Appellees filed an answer and new matter, and appellant filed a reply to new matter. Extensive discovery was undertaken, a pre-trial conference was held on December 9, 1974, and the case was listed to be tried in January, 1975. Shortly after appellant filed notice that the deposition of the trustee and other senior officials of appellees...

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