Calderaio v. Ross

Opinion by

Mr. Justice Bell,

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 answers thereto until May 2, 1956.

The ease came up for trial on May 9, 1956. Plaintiff made out a prima facie case of negligence, but when he attempted to…