227 A.2d 152
Supreme Court of Pennsylvania.November 29, 1966.
March 14, 1967.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.
Appeals, Nos. 245 and 246, March T., 1966, 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. Order vacated and record remanded to court below.
Trespass for personal injuries and property damage.
Plaintiffs’ preliminary objections to defendant’s and additional defendant’s answer and new matter sustained and defendants’ motion for compulsory nonsuit denied. Defendant and additional defendant appealed.
Bruce R. Martin, for Equitable Gas Company, appellant.
Raymond F. Sekula, with him Randall J. McConnell, Jr., an Dickie, McCamey Chilcote, for Chaplin-Fulton Manufacturing Co., appellant.
John E. Evans, Jr., with him Evans, Ivory Evans, for appellees.
Page 640
OPINION PER CURIAM, March 14, 1967:
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 nonsuit was suffered as to part of the plaintiffs’ claim and a motion for a compulsory nonsuit 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.