Cohen v. Brandywine Raceway Association

CHRISTIE, Judge.

The question here presented is whether the motion of defendant Harry M. Stevens, Inc., to open a default judgment entered against it on February 13, 1967, should be granted.

The Court finds the following to be the facts of the case. Mr. & Mrs. Cohen, as plaintiffs sued Brandywine Raceway Association (hereinafter referred to as Brandy-wine) as sole defendant on July 11, 1966, for personal injuries sustained by Mrs. Cohen from a fall at Brandywine on May 13, 1966. Brandywine was duly served.

On October 20, 1966, the plaintiffs filed an amended complaint. This complaint named as…