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O'HARA v. PETRILLO BROS., INC.

216 A.2d 672 (1966)

Nellie O'HARA, Individually and as next friend of Thomas O'Hara, Plaintiff Below, Appellant, v. PETRILLO BROS., INC., a Delaware corporation, Defendant Below, Appellee, v. Wayne HORNER and Harry Hitchens, minors, Third-Party Defendants Below, Appellees.

Supreme Court of Delaware.

January 24, 1966.

Attorney(s) appearing for the Case

Vincent A. Theisen and Victor F. Battaglia, of Theisen & Lank, Wilmington, for plaintiff below, appellant.

Alfred M. Isaacs, of Flanzer & Isaacs, Wilmington, for defendant below, appellee.

William F. Taylor, of Young, Conaway, Stargatt & Taylor, and Theodore F. Sandstrom, of Killoran & Van Brunt, Wilmington, for third-party defendants below, appellees.

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

HERRMANN, Justice.

The determinative question on this appeal, in the view we take of the case, is whether the trial court erred in directing a jury verdict in favor of the defendant and third-party defendants on the ground, inter alia, that under the plaintiff's evidence he was guilty of contributory negligence as a matter of law.

This negligence action was brought against the defendant Petrillo Bros., Inc. (hereinafter "Petrillo") for injuries suffered...

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