BEASTON v. JAMES JULIAN, INC.


120 A.2d 317 (1956)

Patrick J. BEASTON, administrator of the estate of Elizabeth Anita Beaston, minor deceased, Patrick J. Beaston and Anita H. Beaston, Plaintiffs, v. JAMES JULIAN, Inc., and Wilmington Manor, Inc., Defendants.

Superior Court of Delaware, New Castle.

February 7, 1956.


Attorney(s) appearing for the Case

Charles F. Daley, Jr. and Kenneth W. Lewis (of Daley & Lewis), Wilmington, for plaintiffs.

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


HERRMANN, Judge.

The question is whether the complaint reflects the breach of a duty by the defendants from which liability for the death of the plaintiffs' decedent may arise.

It is alleged in the complaint that the defendant James Julian, Inc. was engaged in the construction of a sewer which ended in a pit in an open field, the land of the defendant Wilmington Manor, Inc. It is averred that the pit was twelve feet...

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