DISABATINO & RANIERE, INC. v. GILMORE

Civil Action No. 487, 1950.

83 A.2d 695 (1951)

DISABATINO & RANIERE, Inc. et al. v. GILMORE.

Superior Court of Delaware, New Castle.

July 25, 1951.


Attorney(s) appearing for the Case

Clement C. Wood, of Wilmington, for plaintiffs.

William Prickett, of Wilmington, for defendant.

Before CAREY, J.


CAREY, Judge.

The sole question for decision is whether, under the facts of this case, defendant was entitled to have the jury determine whether or not Raniere had a last clear chance to avoid the accident. At the time of trial, I thought not, and I am still of the same opinion.

The jury's verdict necessarily constituted a finding either that neither driver was negligent or that both of them were negligent. If neither...

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