Baskerville v. Philadelphia Newspapers, Inc.

CERCONE, President Judge:

This is an appeal from the order of the court below declining to open a default judgment entered against the defendant-appellant in a trespass action. Finding no abuse of discretion, we affirm.

The record reveals that in September of 1976 an accident occurred between an automobile operated by plaintiff-appellee and a truck being driven by appellant’s agent. On January 19, 1978, a copy of the complaint, properly endorsed with notice to plead, was served on appellant. According to the petition to open, that same day appellant forwarded the complaint to its insurance…