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FINE v. EQUITABLE GAS COMPANY (03/14/67)

decided: March 14, 1967.

FINE
v.
EQUITABLE GAS COMPANY, APPELLANT



Appeals from order of Court of Common Pleas of Allegheny County, Jan. T., 1962, No. 2757, in case of Joseph Fine, Rachel Fine and Donald Rosenfeld v. Equitable Gas Company and The Chaplin-Fulton Manufacturing Company.

COUNSEL

Bruce R. Martin, for Equitable Gas Company, appellant.

Raymond F. Sekula, with him Randall J. McConnell, Jr., and Dickie, McCamey & Chilcote, for Chaplin-Fulton Manufacturing Co., appellant.

John E. Evans, Jr., with him Evans, Ivory & Evans, for appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 424 Pa. Page 640]

These appeals present such a confusing record that an intelligent decision is impossible.

Pleadings were added to without leave of court and regard for Pennsylvania Rules of Civil Procedure. A non-jury trial occurred wherein no evidence was offered or any record established, except for a series of statements by counsel. Nevertheless, a voluntary non-suit was suffered as to part of the plaintiffs' claim and a motion for a compulsory non-suit entered. Weeks later, a motion was filed to strike certain averments in a pretrial pleading from the record. In short, orderly procedure was completely ignored.

In order that a proper result can be effected, we deem it necessary to vacate the order appealed from, and to remand the record to the court below with directions to order the issue to trial, in which a proper and complete record can be established and the pertinent issues presented in a legal manner.

It is so ordered.

Disposition

Order vacated and record remanded to ...


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