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PHILLIPS v. DELAWARE POWER & LIGHT COMPANY

216 A.2d 281 (1966)

John H. PHILLIPS, Jr., and Beatrice D. Phillips, his wife, Plaintiffs-Below, v. DELAWARE POWER & LIGHT COMPANY, a Delaware corporation, Defendant and Third-Party Plaintiff-Below, Appellants, v. The MAYOR AND COUNCIL OF the CITY OF WILMINGTON, a municipal corporation, and Dabson Paving Company, a Delaware corporation, Defendants and Third-Party Defendants-Below, Appellees.

Supreme Court of Delaware.

January 7, 1966.

Attorney(s) appearing for the Case

Clement C. Wood, of Allmond & Wood, Wilmington, for plaintiffs below, appellants.

Roger Sanders, of Prickett & Prickett, Wilmington, for defendant and third-party plaintiff below, appellant.

Alfred M. Isaacs, of Flanzer & Isaacs, Wilmington, for the Mayor and Council of City of Wilmington, appellee.

William F. Taylor, of Young, Conaway, Stargatt & Taylor, Wilmington, for Dabson Paving Co., appellee.

CAREY, Justice, and MARVEL and SHORT, Vice-Chancellors, sitting.

CAREY, Justice.

The action below was a suit in Superior Court for damages caused by an explosion of gas which came into plaintiffs' home from a gas main. The Court below granted summary judgment on the ground that the affidavits, depositions and other materials in the record failed, as against appellees, to show negligence or proximate cause. Plaintiffs and third-party plaintiff have appealed.

Plaintiffs (Phillips...

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