Weitz v. Yankosky

Plaintiff Weitz appeals from an order granting a motion to set aside a default judgment against defendant Yankosky.

The facts set forth in the affidavits and points and authorities of the parties are as follows:

On April 19, 1961, defendant backed his automobile out of a private driveway, and plaintiff, in his automobile, ran into defendant’s ear. After reporting the accident to the police department, defendant telephoned his insurance agent, Mr. Needham, informing him of the accident. Defendant then filed an SR-1 form with the Department of Motor Vehicles, stating that he had an automobile…