Kilgallen v. Kutna

Opinion by

Spaulding, J.,

Appellant John Kutna appeals from the order of Judge Ned L. Hirsh of the Court of Common Pleas of Philadelphia, denying his motion to open default judgment taken against him by appellee James Kilgallen. He contends that the order was entered improperly, in derogation of his rights under Rule 209 of the Pennsylvania Rules of Civil Procedure.

On November á, 1970, appellee Kilgallen instituted an action in trespass against appellant and an additional defendant to recover for damages sustained in a 1970 motor vehicle collision involving three automobiles. Appellant failed…