Elfman v. Evanston Bus Co.

Defendant appeals from an order striking and dismissing its petition, filed under Section 72 of the Civil Practice Act, to vacate a default judgment.

On March 7, 1960 plaintiff filed her statement of claim against defendant, Evanston Bus Company, and Wanzer Dairy Company seeking damages for personal injuries sustained by her on September 6, 1958 while a passenger on defendant’s bus at the time of a collision between the bus and a Wanzer milk truck. Plaintiff demanded a jury.

Both defendants were duly served with summons returnable March 22, 1960. On that date, an order of default was entered…