MALCOM v. DEMPSEY


184 A.2d 474 (1962)

Homer C. MALCOM, Alverta Malcom, and Candace Malcom, a minor child, by her next friend, Alverta Malcom, Plaintiffs, v. Louise H. DEMPSEY, Defendant.

Superior Court of Delaware, New Castle.

September 7, 1962.


Attorney(s) appearing for the Case

Julian D. Winslow, Wilmington, for plaintiffs.

George L. Sands and Carl W. Mortenson, Wilmington, for defendant.


STOREY, Judge.

This matter comes before the Court on defendant's motion to strike paragraph 7(e) from the complaint, on the ground that it fails to state a claim upon which relief can be granted, and that it is immaterial in this case. Defendant has filed a sufficient affidavit to support motion.

Paragraph 7(e) of the complaint states that the defendant was negligent in that:

"She failed to stop at the said intersection, the said intersection being...

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