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MILLER v. ELLIS

122 A.2d 314 (1956)

Charles R. MILLER, Plaintiff, v. Harry ELLIS, Defendant.

Superior Court of Delaware, New Castle.

April 6, 1956.

Attorney(s) appearing for the Case

William Prickett, Wilmington, for plaintiff.

John S. Walker and Frank J. Miller, Wilmington, for defendant.

LAYTON, Judge.

On June 6, 1954, the plaintiff was employed by Petrillo Brothers, Inc., at their sand lot as a laborer. He was working in a stone hopper when he was injured by a truck, owned and operated by the defendant, which rolled backwards into the hopper crushing him against its side.

Plaintiff elected to receive compensation pursuant to 19 Del.C. § 2344. At that time, and until June 23, 1955, 19 Del.C. § 2363(b)

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