Kitchens v. Missouri Pacific Railroad

MANFORD, Judge.

Appellant appeals from a default judgment entered by the circuit court, and from the court’s order overruling appellant’s motion to set aside and vacate the default judgment and for new trial. The judgment of the circuit court is hereby affirmed in part and reversed and remanded in part.

The pertinent facts are as follows:

Plaintiff, hereinafter respondent, initiated this action for personal injuries she allegedly sustained as a result of a crossing accident. The petition was filed on June 27,1986. The return of service shows that appellant was served with summons and a copy of…