POKOYSKI v. McDERMOTT


167 A.2d 742 (1961)

Mary J. POKOYSKI, Appellant, v. Rosalie McDERMOTT, a minor under the age of 21 years, by James H. McDermott, her next friend, and James H. McDermott, individually, Appellees.

Supreme Court of Delaware.

February 9, 1961.


Attorney(s) appearing for the Case

Joseph H. Geoghegan, of Berl, Potter & Anderson, Wilmington, for defendant below, appellant.

John P. Daley and Robert C. O'Hora, Wilmington, for plaintiffs below, appellees.

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


BRAMHALL, Justice.

The following questions are presented by this appeal: (1) Was the question of defendant's negligence properly submitted to the jury? (2) Was the minor plaintiff guilty of contributory negligence as a matter of law? (3) Did the trial judge err in charging the jury as to the duty of defendant to give warning by sounding the horn?

The facts, viewed in the light most favorable to plaintiff, are as follows...

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