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SHELLHORN & HILL, INC. v. STATE

187 A.2d 71 (1962)

SHELLHORN & HILL, INC. and James Evans, Defendants-Appellants, v. The STATE of Delaware, etc., Third-Party Defendant, Appellee, v. Henry KWIATKOWSKI, etc., Plaintiff.

Supreme Court of Delaware.

December 11, 1962.

Attorney(s) appearing for the Case

John M. Bader and John Biggs, III, of Bader & Biggs, Wilmington, for appellants.

S. Samuel Arsht and Richard H. Allen, of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellee.

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

WOLCOTT, Justice.

This is an action for wrongful deaths brought by decedents' administrator against Shellhorn & Hill, Inc. and James Evans. These defendants sought to make the State of Delaware a third-party defendant on the ground that its Highway Department was negligent in improperly maintaining the highway at the place of the accident, and that such negligence was the cause of the accident.

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