FRIDAY v. SMOOT


211 A.2d 594 (1965)

John M. FRIDAY, Plaintiff Below, v. Mary B. SMOOT, Defendant Below.

Supreme Court of Delaware.

June 2, 1965.


Attorney(s) appearing for the Case

Arthur J. Sullivan, of Morris, James, Hitchens & Williams, Wilmington, for plaintiff.

Warren B. Burt, of Prickett & Prickett, Wilmington, for defendant.

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


WOLCOTT, Chief Justice.

This is a proceeding on Certification under Rule 20 of this Court, Del.C.Ann. The facts giving rise to the Certification are that plaintiff, a resident of Delaware, received personal injuries in an accident occurring in New Jersey involving the automobile of the defendant, a Delaware resident, in which the plaintiff was riding at the time as a non-paying guest. Action was brought in Delaware in which the defendant asserted the defense of 21...

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