Proulx v. De Moti

Plaintiffs commenced this action against defendant for damages for personal injuries allegedly sustained in an automobile accident. The cause was set for trial on January 3, 1949, and was thereafter continued or reset for trial some seven times, finally coming on for trial on April 17, 1950, at 9:15 a.m., in Department 1 of the superior court. Upon this last-mentioned occasion defendant’s attorney was present, but plaintiffs ’ attorney was absent. After the calling of the calendar was completed, defendant’s attorney «directed the attention of the court to the fact that this case was not…