Underwood v. Yellow Cab Co.

This is an appeal from an order of the trial court vacating a prior order which had dismissed the suit for want of prosecution. A collision between defendant’s taxi, in which the plaintiff was a passenger, and another automobile was involved. The only genuine issue is whether the order was within the time provided therefor by the Practice Act.

Suit was filed on January 24, 1964. It was assigned for trial on March 6, 1969, but was dismissed when plaintiff’s attorney did not appear. On April 3, 1969 plaintiff moved that the dismissal order be vacated and the cause set for trial. The motion was…