Maker v. Ferguson

These two civil actions arise out of a motor vehicle collision. One action is between the operators of the two vehicles; the other between their respective owners. The cases were consolidated for trial in the superior court, and while we refer only to the operators’ case, what we say with respect to it applies equally to the case of owner against owner.

When the case was reached for trial on the civil jury trial calendar, defendant was ready to proceed. Plaintiff’s counsel, however, moved for a continuance. He gave as his reason that his client was in Florida, and that her intention to fly…