SIMMONS v. RICHARDSON VARIETY STORES


137 A.2d 747 (1957)

Paul SIMMONS, a Minor by His Next Friend, Michael Simmons, and Michael Simmons, Individually, v. RICHARDSON VARIETY STORES, a Corporation of the State of Delaware.

Superior Court of Delaware, New Castle.

December 31, 1957.


Attorney(s) appearing for the Case

Joseph A. L. Errigo, Wilmington, for plaintiffs.

William Prickett and William Prickett, Jr., Wilmington, for defendant.


CAREY, Judge.

This case involves the liability of a retailer for injuries to a child caused by an alleged defect in a toy top not manufactured by the seller. Some of the facts herein stated are not supported by any affidavit, deposition or admission, but are treated as true since they are set forth in the briefs and have been so accepted by counsel.

Defendant operates several retail stores in the Wilmington area,...

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