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DUNN v. STUMBERS

174 A.2d 567 (1961)

Ellen DUNN, Plaintiff, v. William E. STUMBERS and Charcoal Bowl, Inc., a Delaware corporation, Defendants.

Superior Court of Delaware, New Castle.

September 25, 1961.

Attorney(s) appearing for the Case

Emmett J. Conte, Jr., and David B. Coxe, Jr., Wilmington, for plaintiff.

F. Alton Tybout, Wilmington, of Prickett, Prickett & Tybout, Wilmington, and Januar D. Bove, Jr., Wilmington, for defendants.

DUFFY, Judge.

This is an action for personal injuries sustained by plaintiff while a passenger in an automobile driven by defendant William E. Stumbers ("Stumbers"). It is alleged that the injuries resulted from Stumbers' negligence. After discovery was had, both defendants moved for summary judgment on the basis of the Delaware Guest Statute. 21 Del.C. § 6101.

The following facts appear from the record now before the Court:

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