FINE v. MAYOR & COUNCIL OF WILMINGTON


94 A.2d 393 (1953)

FINE v. MAYOR & COUNCIL OF WILMINGTON

Superior Court of Delaware, New Castle.

January 14, 1953.


Attorney(s) appearing for the Case

Stewart Lynch and Florence E. Freeman, Wilmington, for plaintiff.

Herbert B. Warburton, Wilmington, for defendant.


CAREY, Judge.

Defendant's brief raises six questions which may be concisely stated in this manner: (1) Is the supplying of water to a consumer a governmental, or a corporate, function? (2) Was there a duty of inspection owed by defendant to plaintiff? (3) Is defendant responsible to plaintiff for acts or omissions of the Board of Water Commissioners or of the employees of that Board? (4) Does the doctrine of res ipsa loquitur apply to this case? (5) May this plaintiff...

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