Rauchberger v. Interurban Street Railway Co.

This is an appeal from an order dismissing the plaintiffs complaint herein. The facts leading up to the making of the order appealed from áre not in dispute. The action was brought to recover for personal injuries received by the plaintiff through the alleged negligence of the defendant. Issue was joined in the City Court, notice of trial served, a note of issue filed; and the case was placed upon the calendar in March, 1904, but was not reached for trial. Some time thereafter the justices of the City Court made a rule requiring a new note of issue to be filed on or before September 1, 1905.…