Zbryk v. B. F. Goodrich Co.

SPERRY, Commissioner.

This is an action to set aside a default judgment obtained by plaintiff-respondent against defendant-appellant. The petition was in two counts, the first count being a “petition for review”, based on the Statute; the second count was based on allegations of fraud. The court denied and dismissed both counts. Defendant appeals.

The record discloses that, on Oct. 12, 1959, plaintiff was sitting in her car, parked near the curb and headed north on the east side of Prospect Avenue, a North-South street in Kansas City, Missouri, when defendant’s truck proceeding north, collided…