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WHALEN v. ZOLPER

148 A.2d 778 (1959)

Theresa WHALEN and John J. Whalen, Jr., her husband, Plaintiffs, v. Carl W. ZOLPER and Marion M. Zolper, his wife, Defendants.

Superior Court of Delaware, New Castle.

February 27, 1959.

Attorney(s) appearing for the Case

Wilfred J. Smith, Jr., and Frank J. Gentile, Jr., Wilmington, for plaintiffs.

John P. Sinclair (of Berl, Potter & Anderson), Wilmington, for defendants.

STIFTEL, Judge.

Motion by defendants for summary judgment pursuant to Superior Court Rule 56, Del.C.Ann.

This action is based on personal injury arising out of an accident which occurred on March 19, 1957. The defendants owned a three-story apartment building, with an apartment on each floor, at 1409 Harrison Street, in the City of Wilmington. The plaintiff, Theresa Whalen, lived in the third floor apartment with the other plaintiff, her husband, together...

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