ASMUTH v. KEMPER


174 A.2d 820 (1961)

Henry ASMUTH, Plaintiff, v. Franklin KEMPER, Defendant.

Superior Court of Delaware, Kent.

July 6, 1961.


Attorney(s) appearing for the Case

Vincent A. Theisen and Victor F. Battaglia (of Theisen & Lank), Wilmington, and Herman C. Brown, Dover, for plaintiff.

F. Alton Tybout (of Prickett, Prickett & Tybout), Wilmington, for defendant.


CHRISTIE, Judge.

The plaintiff, Henry Asmuth filed an action against Franklin Kemper alleging that he was injured while riding in an automobile driven by Kemper. In the first claim for relief he alleges that Kemper drove with willful or wanton disregard of the rights of others; in the second claim he alleges that Kemper drove negligently. Asmuth's and Kemper's depositions have been taken and affidavits by Kemper and his wife...

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