Epstein v. Insurance Co. of North America

Dissenting Opinion by

Me. Justice Moschziskee :

While, on the day the case was reached in its regular turn, one attorney for the defendant was “physically unable to take part in the trial,” yet, it appears he had a colleague who was well and able to try; it further appears that counsel for plaintiff did not agree to a continuance. Under the circumstances, I cannot concur in the conclusion that there was an abuse of discretion; therefore, I note my dissent.