LEVINE v. LAM


226 A.2d 925 (1967)

Dolores LEVINE and Herman Levine, Plaintiffs Below, Appellants, v. Orville LAM t/a Valley Hauling, Defendant Below, Appellee.

Supreme Court of Delaware.

January 27, 1967.


Attorney(s) appearing for the Case

Victor F. Battaglia of Theisen & Lank, Wilmington, for plaintiffs below, appellants.

William F. Taylor of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant below, appellee.

WOLCOTT, Chief Justice, and CAREY and HERRMANN, JJ., sitting.


HERRMANN, Justice:

Summary judgment was entered for the defendant in this negligence case on the ground that the undisputed facts disclose that the plaintiff Dolores Levine was guilty of contributory negligence as a matter of law.

These facts are uncontroverted:

The defendant was a private contractor engaged in the business of providing garbage and trash collection service. The plaintiffs were among his customers; and at their home were two underground...

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