Brown v. Philadelphia, Wilmington & Baltimore R.
United States Circuit Court
Summons. Action on the case. Motion to strike off a judgment by default for want of an appearance, or to open the same, so as to let the parties in to a trial on the merits of the case.
1Opinion of the Court
Bradford, D. J.
The facts in the case are as follows:
The plaintiff brought suit to the last June term of this court to recover damages for injuries suffered by him-by alighting from a train en route through this city and stopping temporarily to permit the passengers to obtain refreshment. The summons was properly issued and served upon the corporation defendant. Ho appearance was ever entered by defendant, and, upon August 2d last, the plaintiff filed his declaration and entered judgment by default for want of an appearance. At the present October term, on October 19th, the plaintiff obtained…
2Cited by7 opinions
- Miles v. LaytonSupreme Court of Delaware · 1937
- Yerkes v. DangleSuperior Court of Delaware · 1943
- Kaiser-Frazer Corp. v. EatonSuperior Court of Delaware · 1953
- Smulski v. H. Feinberg Furniture Co.Superior Court of Delaware · 1937
- Virginia, T. & C. Steel & Iron Co. v. HarrisCourt of Appeals for the Fourth Circuit · 1907
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