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MATTHEWS v. BRYERTON

193 A.2d 83 (1963)

William G. MATTHEWS and David C. Harrison Post No. 14, American Legion, Inc., a corporation of the state of Delaware, Defendants Below, Appellants and Cross-Appellees, v. Donald H. BRYERTON and Ethel B. Bryerton.

Supreme Court of Delaware.

July 10, 1963.

Attorney(s) appearing for the Case

F. Alton Tybout, Wilmington, for defendants below, appellants and cross-appellees.

Joseph H. Geoghegan, of Berl, Potter & Anderson, and Donald C. Taylor and H. Alfred Tarrant, Jr., of Cooch & Taylor, Wilmington, for plaintiffs below, appellees and cross-appellants.

TERRY, Chief Justice, and WOLCOTT and CAREY, JJ., sitting.

CAREY, Justice.

This case arose from a collision between an automobile driven by Donald H. Bryerton, herein called the plaintiff, and a private ambulance owned by the American Legion Post and driven by William G. Matthews, herein called the defendant. The Court below entered summary judgment against the plaintiff on his claim, and in his favor on the counterclaim, upon a finding of negligence proximately causing the accident...

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