Herlihy v. Kane

This is a petition to vacate a judgment rendered against the petitioner on June 12, 1939, in an action brought by the petitioner against the respondent for personal in*458juries sustained by the petitioner when struck by an automobile driven by the respondent.

In the original action the court had nonsuited the plaintiff (the present petitioner) on March 20, 1939, for failure to answer interrogatories propounded by the defendant (the present respondent), with the condition that the non-suit "be vacated as of course” if answers were filed within twenty days. Later the time for filing the answers was…