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CARNES v. WINSLOW

182 A.2d 19 (1962)

Wallace J. CARNES, Jr., a minor, by his next friend, Francis McVey, Plaintiffs, Appellants, v. Francis L. WINSLOW, a minor, by his guardian ad litem, James A. Walsh, Esquire, Defendants, Appellees. Francis L. WINSLOW et al., Plaintiffs, Appellees, v. George K. EACHUS et al., Defendants, Appellants.

Supreme Court of Delaware.

May 22, 1962.

Attorney(s) appearing for the Case

James P. D'Angelo and Victor F. Battaglia, Wilmington, for appellant Wallace J. Carnes, Jr.

F. Alton Tybout, of Prickett, Prickett & Tybout, Wilmington, for George K. Eachus and others, appellants.

Ernest S. Wilson, Jr., Wilmington, for Francis L. Winslow, appellee.

SOUTHERLAND, C. J., WOLCOTT, J., and MARVEL, Vice Chancellor, sitting.

SOUTHERLAND, Chief Justice.

These are suits growing out of a motor vehicle collision involving two cars. Plaintiff Carnes, a passenger in the car driven by Eachus, brought suit against Winslow, the driver of the other car. Winslow in turn brought suit against Eachus. After hearing the evidence, the trial judge directed a verdict in favor of Winslow on the ground that his negligence, if any, was not the proximate cause of the accident. This holding entailed a judgment...

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