Lewis v. New York Fire & Marine Underwriters, Inc.

LeSUEUR, Judge.

This action is predicated upon an automobile-pedestrian accident which occurred in December, 1963. It is now prosecuted by the heirs of the original plaintiff, who were duly substituted upon his demise. The merits of the cause have never been tried and are in no way relevant to the issues before this court.

The case was set for trial on six occasions — May 10, 1965, October 25, 1965, January 6, 1966, March 28, 1966, June 20, 1966 and April 1, 1969. On each day, save the last, it was continued. The trial court denied a motion for continuance in open court on that day, and upon…