Samber v. Chris Berg, Inc.

DIMOND, Justice.

Appellant commenced this action in the district magistrate court to recover $750 damages from appellee for the destruction of a boat. Neither appellant nor his counsel appeared in court at the time set for trial. The district magistrate heard evidence offered by appellee, found that appellee was not responsible for the destruction of appellant’s boat, and entered a judgment which provided that appellant should take nothing by his complaint. On this appeal we are asked to set aside the judgment and remand the case for a new trial.

When one who commences a civil action fails to…