POLUKA v. Cole

Opinion by

Watkins, J.,

This is an appeal from the judgment of non pros entered by the Court of Common Pleas of Montour County in favor of the defendant-appellee, James M. Cole, and against the plaintiffs-appellants, Stephen Poluka and Emily Poluka in their own right and Stephen Poluka, Administrator of the Estate of Stephen Poluka, Jr., deceased, in a trespass action alleging malpractice by a physician.

The history of this case is a long one and under ordinary circumstances calls out for the judgment entered by the court below. However, circumstances as set forth in this opinion give the appeal…