FUSCO v. DAUPHIN


75 A.2d 701 (1950)

FUSCO v. DAUPHIN et al.

Superior Court of Delaware, New Castle.

September 25, 1950.


Attorney(s) appearing for the Case

James P. Collins, of Wilmington, for plaintiff.

William Prickett, of Wilmington, for defendants.

LAYTON, J., sitting.


LAYTON, Judge.

Moore's Federal Practice, Vol. 4, p. 2712 takes the view that a party on whom a request for admissions of fact has been made "* * * must answer, even though he has no personal knowledge, if the means of information are reasonably within his power." A slight majority of the reported decisions support this conclusion, but a number of authorities have arrived at an opposite result. After some thought I have concluded...

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