WORGAN v. GREGGO & FERRARA, INC.


128 A.2d 557 (1956)

Malcolm S. WORGAN et al., Plaintiffs, v. GREGGO & FERRARA, Inc., et al., Defendants and Third-Party Plaintiffs, George A. Hall, Third-Party Defendant.

Superior Court of Delaware, New Castle.

December 26, 1956.


Attorney(s) appearing for the Case

C. W. Berl, Jr., Wilmington, for plaintiffs.

David Snellenburg, II, Wilmington, for defendants.


LAYTON, Judge.

In my first opinion upon this subject, I concluded that the administrator of a viable infant killed by negligence had no right of action against the wrongdoer. A motion for reargument was filed and granted, and after a thorough reexamination of the rapidly growing list of recent decisions to the contrary, I have decided that the weight of modern authority is in favor of such a cause of action.

The early decisions, headed by Dietrich v. Inhabitants...

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