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WARREN v. ANCHOR MOTOR FREIGHT

No. 573, Civil Action, 1950.

81 A.2d 321 (1951)

WARREN v. ANCHOR MOTOR FREIGHT, Inc., OF DELAWARE.

Superior Court of Delaware, New Castle.

April 16, 1951.

Attorney(s) appearing for the Case

William Prickett, of Wilmington, for plaintiff.

Albert L. Simon, of Wilmington, for defendant.

CAREY, J., sitting.

CAREY, Judge.

It has frequently been held in Delaware that the violation of a rule of the road such as the ones here involved is negligence per se but that such negligence is not actionable, nor is it available under a plea of contributory negligence, unless it is a proximate cause of damage to another. Lynch v. Lynch, 9 W.W.Harr. 1, 195 A. 799. Ordinarily, whether such negligence is a proximate cause is a jury question but...

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