MECHELL v. PALMER


343 A.2d 620 (1975)

Joseph MECHELL et al., Plaintiffs below, Appellants, v. Warner P. PALMER et al., Defendants below, Appellees.

Supreme Court of Delaware.

Decided July 29, 1975.


Attorney(s) appearing for the Case

Wilfred J. Smith, Jr. and James J. Walsh, Wilmington, for plaintiffs-appellants.

B. Wilson Redfearn and Jeffrey S. Goddess, Tybout & Redfearn, Wilmington, for Wilmington Towing Co.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.


DUFFY, Justice:

The determinative question on appeal in this personal injury action is whether plaintiffs produced sufficient evidence of an agency relationship to create a jury issue. The Superior Court concluded that they had not and granted defendant Wilmington Towing Company's motion for summary judgment.

I

Agency is a fact to be proved but it may be implied from circumstances. One who delegates power...

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