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SCHREPPLER v. MAYOR & COUNCIL OF TOWN OF MIDDLETOWN

154 A.2d 678 (1959)

Julia C. SCHREPPLER and George B. Schreppler, Sr., Plaintiffs, v. MAYOR AND COUNCIL OF THE TOWN OF MIDDLETOWN and Iola M. Davidson, Defendants.

Superior Court of Delaware, New Castle.

October 7, 1959.

Attorney(s) appearing for the Case

Edmund D. Lyons (of Morris, James, Hitchens & Williams), Wilmington, for plaintiffs.

William Prickett (of Prickett & Prickett), Wilmington, for the Mayor and Council of Middletown.

Harold Shaffer (of Keil & Keil) and Bruce M. Stargatt (of Morford, Young & Conaway), Wilmington, for defendant Iola M. Davidson.

STIFTEL, Judge.

Julia C. Schreppler was injured when she tripped and fell on a sidewalk in the town of Middletown, Delaware, one afternoon in October, 1957. She explains that the fall was due to sidewalk unevenness caused by roots of a tree located at the curbline which were growing beneath the pavement and raising the sidewalk. Mrs. Schreppler filed a complaint purporting to state a joint and several cause of action against...

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