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MALONE FREIGHT LINES, INC. v. JOHNSON MOTOR LINES, INC.

148 A.2d 770 (1959)

MALONE FREIGHT LINES, INC., a corporation, and Euehl M. Holmes, also known as Ewell M. Holmes, Defendants Below, Appellants, v. JOHNSON MOTOR LINES, INC., a corporation, Plaintiff Below, Appellee.

Supreme Court of Delaware.

March 10, 1959.

Attorney(s) appearing for the Case

William H. Bennethum, Wilmington, for appellants.

William Prickett, of Prickett & Prickett, Wilmington, for appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

In the court below Johnson Motor Lines, Inc. ("Johnson") sued Malone Freight Lines, Inc. ("Malone"), and Euehl M. Holmes to recover for damages to its tractor-trailer sustained in a collision with a tractor-trailer owned by Malone and operated by Holmes. The defendants counter-claimed for damages. The case was tried by the court without a jury. The trial judge found Malone guilty of negligence and Johnson free from contributory negligence...

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