Roin v. Checker Taxi Co., Inc.

Plaintiff seeks damages for personal injuries sustained while riding as a passenger in a taxicab owned and operated by defendant, Checker Taxi. Negligence has been admitted and an interlocutory judgment of liability was entered against both defendants on April 23, 1957. The cause remained on the trial call only for a prove-up of damages.

While attorneys for plaintiff and defendants were engaged in negotiating a settlement, the cause appeared on the trial call on May 1, 1961 and was dismissed for want of prosecution. This occurred because of the failure of defendants’ attorney to answer the…