Opinion
Argued October 6, 1958.
November 10, 1958.
Practice — Judgments — Non pros — Propriety — Appellate review.
1. Where a plaintiff neglects to prosecute his suit diligently and the delay would be harmfully prejudicial to the defendant, if the suit were to be put to trial, the entry of a judgment of non pros is appropriate. [57]
2. A judgment of non pros is reversible on appeal only where its entry constitutes a manifest abuse of discretion. [58]
Before JONES, C. J., BELL, MUSMANNO, JONES and COHEN, JJ.
Appeal, No. 150, March T., 1958, from judgment of Court of Common Pleas of Allegheny County, Jan. T., 1944, No. 312, in case of J. J. Aldridge v. The Great Atlantic Pacific Tea Company. Judgment affirmed.
Assumpsit.
Order entered dismissing complaint and judgment of non pros entered, opinion by McNAUGHER, P. J. Plaintiff appealed.
Theodore M. Tracy, with him Edward O. Spotts, for appellant.
William H. Eckert, with him Milton W. Lamproplos, and Eckert, Seamans Cherin, for appellee.
This appeal is from a judgment of non pros entered on the defendant's petition.
Where a plaintiff neglects to prosecute his suit diligently and the delay would be harmfully prejudicial to the defendant, if the suit were to be put to trial, the entry of a judgment of non pros is appropriate: Alker v. The Philadelphia National Bank, 372 Pa. 327, 332-333, 93 A.2d 699.
The facts appearing of record in the present case, and referred to in the opinion of President Judge McNAUGHER for the court en banc, fully justify the action of the court below in entering the judgment of non pros. That being so, nothing is to be gained by prolonging the discussion. Such a judgment is reversible on appeal only where its entry constitutes a manifest abuse of discretion ( Wingert v. Anderson, 309 Pa. 402, 403, 164 A. 333) — a circumstance entirely absent in the present instance.
Judgment affirmed.