DISTEFANO v. KANSAS CITY SOUTHERN RAILWAY CO.

No. KCD 26234.

501 S.W.2d 551 (1973)

George DISTEFANO, Respondent, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY and Morgan P. Gunderson, Appellants.

Missouri Court of Appeals, Kansas City District.

November 5, 1973.


Attorney(s) appearing for the Case

Sam D. Parker, Robert D. Youle, Daniel M. Dibble, Kansas City, for appellants; Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, of counsel.

Bernard Eveloff, Kansas City, for respondent.

Before SHANGLER, P. J., and SWOFFORD and WASSERSTROM, JJ.


PER CURIAM.

Appeal is taken from the denial of a motion to vacate a default judgment for $10,000 taken against defendants Kansas City Southern Railway Company and Morgan P. Gunderson. Appellants contend that the refusal of the trial court to vacate the default judgment was error because their failure to appear at the trial was due to inadvertence and mistake rather than negligence. Further, they contend that they have a meritorious defense.

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