Epstein v. Insurance Co. of North America

Citations

• 245 Pa. 132
• 91 A. 244
• 1914 Pa. LEXIS 845

Syllabus

<p>Practice, O. P. — Trial—Motion for continuance — Discretion of court — Abuse of discretion.</p> <p>In an action to recover upon an insurance policy for the value of property destroyed by fire, where it was alleged by defendant that the claim was excessive and fraudulent, it was an abuse of discretion for the trial court to refuse to postpone the trial for one day, where it appeared that counsel had mutually agreed that the case should go over for one day in view of its position on the list and the fact that it was not likely to be reached, and therefore defendant had not sent for a number of its important witnesses who were without the jurisdiction and had agreed to be present on the following day if summoned by telegraph, and that counsel of record for defendant was physically unfit to take part in the trial.</p> <p>Me. Justice Moschzisker dissents.</p>