KAUFMANN v. McKEOWN


193 A.2d 81 (1963)

Sidney KAUFMANN, Plaintiff-Below, Appellant, v. Shirley Anne McKEOWN, Administratrix of the Estate of Josephine Facer, Defendant-Below, Appellee.

Supreme Court of Delaware.

July 16, 1963.


Attorney(s) appearing for the Case

C. W. Berl, Jr., of Berl, Potter & Anderson, Wilmington, for appellant.

Joseph H. Flanzer and Alfred M. Isaacs, of Flanzer & Isaacs, Wilmington, for appellee.

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


TERRY, Chief Justice.

This is a tort action involving the applicability of the so-called "Dead Man's Act," 10 Del.C., Sec. 4302.

On October 26, 1961, plaintiff was a passenger in an automobile owned and operated by the now deceased defendant. He was riding in the left rear seat. There were two other passengers, one on the right front seat and another on the right rear seat. An accident occurred when defendant failed to negotiate a curve on the Governor Printz...

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