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PRICE v. CROWL

175 A.2d 50 (1961)

Esther C. PRICE and William W. Price, Plaintiffs, v. Walter A. CROWL, Crowl Construction Corp., and Kinnamon, Taylor & Dawes, Inc., Defendants.

Superior Court of Delaware, New Castle.

November 21, 1961.

Attorney(s) appearing for the Case

Harold Leshem and H. B. Rubenstein (of Leshem & Rubenstein), Wilmington, for plaintiffs.

Joseph H. Flanzer and Alfred M. Isaacs (of Flanzer & Isaacs), Wilmington, for defendants.

STIFTEL, Judge.

Defendants move for summary judgment on the deposition and affidavits of the Prices and the affidavits of architects Fridtjof Tobiessen and Daniel Moffler, contending that the injured plaintiff was contributorily negligent as a matter of law. The facts upon which this motion is based are as follows:

Plaintiffs, husband and wife, visited the Fairville Hills Development, on the Kennett Pike, Pennsylvania, on Sunday, April 26, 1959, at approximately...

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