Coburn v. Domanosky

SPAETH, Judge:

This is an appeal from the refusal to take off a compulsory nonsuit.

Appellant sued appellee in trespass. The case’ was listed for trial on the civil list for the week of October 14, 1975: At the call of the list, on the morning of October 14, counsel for appellant stated that he was ready to proceed to trial, but that he first had a case in criminal court scheduled for trial that same morning. The civil court judge allowed counsel until 2:00 p. m. to attempt to make arrangements to avoid the conflict. At 2:00 p. m., in recorded proceedings, counsel stated to the civil court…