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ELLIOTT v. ROSE

199 A.2d 897 (1964)

William N. ELLIOTT and Delaware Coach Company, a Corporation of the State of Delaware, Defendants-Below, Appellant, v. Sophie W. ROSE, Plaintiff-Below, Appellee.

Supreme Court of Delaware.

April 27, 1964.

Attorney(s) appearing for the Case

Frank O'Donnell (of Berl, Potter & Anderson), Wilmington, for appellant.

James P. D'Angelo, Wilmington, for appellee.

TERRY, Chief Justice, WOLCOTT, Justice, and McNEILLY, Judge sitting.

McNEILLY, Judge.

This is an appeal from the Superior Court which held that an affirmative defense of release should be stricken as a matter of law.

A complaint had been filed on February 8, 1961 in the Superior Court by Plaintiff, Sophie W. Rose, alleging that she was injured as a result of the negligence of the Defendant, William N. Elliott, an employee of Defendant, Delaware Coach Company. To this complaint Defendants answered and, inter alia, pleaded the...

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