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COHEN v. BRANDYWINE RACEWAY ASSOCIATION

238 A.2d 320 (1968)

Mae A. COHEN and Bernard Cohen, her husband, Plaintiffs, v. BRANDYWINE RACEWAY ASSOCIATION, a corporation of the State of Delaware, Al Schwartz, trading as Lincoln Maintenance Company, Lincoln Maintenance Co., No. 3___, Inc., a corporation of the State of New York, and Harry M. Stevens, Inc., a corporation of the State of New York, Defendants.

Superior Court of Delaware, New Castle County.

January 26, 1968.

Attorney(s) appearing for the Case

Howard M. Berg, Wilmington, for plaintiffs.

William D. Bailey, Jr., Wilmington, for defendant Brandywine Raceway Assn.

William T. Lynam, III, Wilmington, for Lincoln Maintenance Co., No. 3, Inc.

James T. McKinstry, Wilmington, for Harry M. Stevens, Inc.

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 Brandywine) as sole defendant on July 11, 1966, for personal injuries...

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