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WAGNER v. SHANKS

194 A.2d 701 (1963)

Philip V. WAGNER, Jr., a minor, by Philip V. Wagner, his next friend, Plaintiff Below-Appellant, v. David C. SHANKS, a minor, and John A. Shanks, Defendants Below-Appellees.

Supreme Court of Delaware.

September 12, 1963.

Attorney(s) appearing for the Case

Alexander L. Nichols and Richard H. Allen, of Morris, Nichols, Arsht & Tunnell, Wilmington, for appellant.

H. James Conaway, Jr., of Morford, Young & Conaway, Wilmington, for appellees.

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

TERRY, Chief Justice.

This is a tort action filed on behalf of a minor by his father. Plaintiff-appellant, Philip V. Wagner, Jr., sustained serious injuries on February 7, 1957, resulting from an automobile accident. At the time of the accident, the car was being driven by David C. Shanks, a minor who, with his father, was a defendant in the action brought in the Court below. The automobile was owned by John A. Shanks, David's father.

On the evening of February...

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