FLAIT v. MAYOR & COUNCIL OF WILMINGTON


97 A.2d 545 (1953)

FLAIT et al. v. MAYOR & COUNCIL OF WILMINGTON.

Supreme Court of Delaware.

June 17, 1953.


Attorney(s) appearing for the Case

Albert L. Simon and Stephen E. Hamilton, Jr., of Wilmington, for appellants.

William F. Lynch, II, Asst. City Sol., Wilmington, for appellee.

Before SOUTHERLAND, C. J., and WOLCOTT and TUNNELL, JJ.


WOLCOTT, Justice.

This appeal presents the broad question of whether or not the doctrine of municipal immunity to suit is the law of this state. That doctrine is that the existence of a municipality's tort liability depends upon the test of whether or not the injury complained of was occasioned by the negligent performance of a governmental or corporate function. If the former is the case, no liability exists, but if the latter is the case the municipality is liable...

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