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MELELLA v. SAVAGE

Civil Action No. 417.

59 F.Supp. 258 (1945)

MELELLA v. SAVAGE et al.

District Court, D. Delaware.

March 2, 1945.

Attorney(s) appearing for the Case

William H. Foulk, of Wilmington, Del., for plaintiff.

William Poole (of Southerland, Berl & Potter), of Wilmington, Del., for proposed intervener, Delaware Coach Company.

James R. Morford (of Marvel & Morford), of Wilmington, Del., for defendant Savage.

William Prickett, of Wilmington, Del., for defendant Hagan.

LEAHY, District Judge.

1. At common law the present widow would be without remedy to sue for negligence causing the death of the husband; but today her right depends on the statutes of Delaware. Szymanski v. Blumenthal, 3 Pennewill, Del., 558, 52 A. 347. Delaware's Lord Campbell's Act creates liability where none had theretofore existed and provides who may assert a claim for damages for the negligent death of the husband; except that when the death arises out of...

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