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TROWELL v. DIAMOND SUPPLY CO.

No. 13, Civil Action 1950.

83 A.2d 691 (1950)

TROWELL v. DIAMOND SUPPLY CO. et al.

Superior Court of Delaware, New Castle.

September 14, 1951.

Attorney(s) appearing for the Case

Joseph Donald Craven, Wilmington, for plaintiff.

William Prickett, Wilmington, for defendants.

Before CAREY, J.

CAREY, Judge.

Some contradictions exist in the testimony offered by the plaintiff. For purposes of the present motion, the state of facts most favorable to plaintiff will be accepted as true.

The deceased child's mother and stepfather operate a restaurant and gasoline station on the west side of Highway 13. The property is improved with a single building facing east and about forty feet back from the road. The northerly...

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