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JACKSON v. HEARN BROTHERS, INC.

212 A.2d 726 (1965)

Ernest W. JACKSON, Plaintiff-Appellant, v. HEARN BROTHERS, INC., a corporation of the State of Delaware, and C & L, Inc., a corporation of the State of Delaware, Defendants-Appellees.

Supreme Court of Delaware.

August 12, 1965.

Attorney(s) appearing for the Case

Hiram W. Warder, Wilmington, for plaintiff-appellant.

Warren B. Burt and Roger Sanders, of Prickett & Prickett, Wilmington, for Hearn Brothers, Inc.

H. Alfred Tarrant, Jr., of Cooch & Taylor, Wilmington, for C & L, Inc.

CAREY, Justice, SEITZ, Chancellor, and WRIGHT, Judge, sitting.

CAREY, Justice:

Plaintiff-below seeks reversal of a judgment of the Superior Court based upon a jury verdict.

Hearn Brothers, Inc. (Hearn) operates a supermarket in Wilmington. C & L, Inc. (C & L) is a wholesaler whose warehouse adjoins the supermarket. It is customary, whenever Hearn gives C & L an order for groceries, for an employee of the latter to make delivery by borrowing a grocery cart from Hearn. On the day plaintiff was injured, he was...

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