NOLAN v. SULLIVAN

No. 15819.

372 F.2d 776 (1967)

Patrick J. NOLAN, Administrator of the Estate of John P. McLaughlin, Deceased, Appellant, v. Roy W. SULLIVAN, Jr.

United States Court of Appeals Third Circuit.

Decided February 23, 1967.

Rehearing Denied May 26, 1967.


Attorney(s) appearing for the Case

Harold Leshem, Wilmington, Del., for appellant.

F. Alton Tybout, Wilmington, Del., for appellee.

Before HASTIE, SMITH and SEITZ, Circuit Judges.


OPINION OF THE COURT

WILLIAM F. SMITH, Circuit Judge.

This action for wrongful death was brought by the personal representative of the decedent under the Delaware Wrongful Death Statute, 10 Del.C. § 3704. The trial of the action without a jury resulted in a judgment in favor of the defendant, and this appeal followed. The negligence law of Delaware is applicable in our determination of the substantive issues raised on this appeal. However, where we...

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