Colthurst v. Harris

CAMPBELL, J., pro tem.

This is an appeal from an order denying defendant’s motion to vacate and set aside the default entered against him for failure to answer the complaint and to vacate the judgment entered thereon awarding plaintiff damages for personal injuries and nervous shock sustained while she was riding as a guest in defendant’s automobile which was overturned, as it is alleged, through the reckless and negligent management of the automobile by the defendant. Respondent has moved for an order affirming the judgment, but as the motion presents the same question raised on the appeal,…