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MILFORD MEMORIAL HOSPITAL, INC. v. ELLIOTT

210 A.2d 858 (1965)

MILFORD MEMORIAL HOSPITAL, INC., a corporation of the State of Delaware, Defendant Below, Appellant, v. Roland S. ELLIOTT, Plaintiff Below, Appellee.

Supreme Court of Delaware.

June 3, 1965.

Attorney(s) appearing for the Case

Richard I. G. Jones, of Prickett & Prickett, Wilmington, for defendant below, appellant.

Roy S. Shiels, of Brown & Brown, Dover, for plaintiff below, appellee.

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

HERRMANN, Justice:

The question for decision upon this appeal is whether the Delaware Wrongful Death Act gives a widower a right of action for damages for negligence causing the death of his wife where, at the time of her death, her right of action for the same negligence would have been barred by the applicable Statute of Limitations.

The complaint, filed on December 31, 1963, alleges that the plaintiff's wife was...

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