ROACH v. PARKER


107 A.2d 798 (1954)

Mildred Evelyn ROACH, Plaintiff Below, Appellant, v. Harold B. PARKER, Defendant Below, Appellee.

Superior Court of Delaware, Sussex.

August 25, 1954.


Attorney(s) appearing for the Case

Samuel R. Russell, of Tunnell & Tunnell, Georgetown, for plaintiff.

John J. McNeilly, Georgetown, for defendant.


CAREY, Judge.

At the time of the accident here involved, plaintiff's car was being driven by her husband, and the defendant was driving his own car. As the trier of fact, I find both drivers guilty of negligence proximately contributing to the accident. This finding necessitates a ruling against defendant's counterclaim.

The legal problem for consideration is whether plaintiff can recover for the damage to her car, in view of the fact that she was riding with...

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