Kibby v. Rhoads

This is an appeal by defendants from an order denying their motion to set aside a default judgment in favor of plaintiff Maude Kibby in the amount of $15,000 and costs.

The facts are for the most part undisputed except as to what was said in a certain telephone conversation which is included in what we relate as the pertinent facts.

Mrs. Kibby, an elderly lady, 83 years of age, visited a doctor’s office located on property owned by defendants Stanley E. Rhoads and Carol Rhoads on the 28th day of January 1966. The doctor was not in and as she left the building and still on defendants’ premises…