Scharf v. Richard De Cou Co.

Opinion by

Mr. Justice Drew,

Suit in trespass for personal injuries was begun by plaintiff against defendant in May, 1933, and was listed for trial on October 24, 1934. The case was called on the next day, but upon failure of plaintiff or his counsel to appear a nonsuit was entered. A subsequent motion to take off the nonsuit was refused. No appeal was taken. Thereafter, in February, 1935, within the statutory period, the present suit was instituted, between the same parties and based upon the same accident. Defendant filed a petition praying for a rule for judgment against plaintiff on the…