Simonini v. Jay Dee Leather Products Co.

The principal question involved in this appeal is whether the trial court abused its discretion in dismissing a personal injury action on the ground that plaintiff, in failing to bring the matter to trial within two years after action filed, did not exercise due diligence.

The history of the case follows: The complaint was filed June 10,1944. A demurrer thereafter filed was overruled, and on September 7 the answer of defendant was filed. Pursuant to memorandum of motion to set, the cause was set for trial by jury for November 21. Thereafter the trial was continued three times, the last time…