Swanger v. Pyles

Opinion by

Ervin, J.,

This appeal is concerned with the right of the trial judge to regulate the order of proof.

The facts are as follows: A complaint in trespass was brought by Joan A. Swanger, a married woman, for damages sustained in an automobile collision. The defendant filed an answer in which, under “New Matter,” he pleaded a release of liability for damages occasioned as a result of the accident. The plaintiff answered the new matter by averring that the release was void because of fraud practiced on the plaintiff in the procurement of the release. After a pre-trial conference the court…