Babb v. Bullock

Flick, P. J.,

Before the court are two motions. Plaintiff has moved to continue the trial of this action to the May term of 1964 for the reason that he is financially unable to make the trip from Arizona to Warren, and is further unable to provide the necessary funds to have the required medical testimony presented at the trial. Defendant David M. Elmquist has moved for a compulsory nonsuit under Pennsylvania Rule of Civil Procedure 218 for failure of the plaintiff to proceed with the action.

Complaint in trespass was filed July 12, 1962. As shown in the order made following the pretrial…