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JOHNS v. CITY OF WILMINGTON

227 A.2d 571 (1967)

Elsie W. JOHNS and Ira W. Johns, Plaintiffs, v. The CITY OF WILMINGTON, a municipal corporation of the State of Delaware and Delaware Coach Company, a corporation of the State of Delaware, Defendants.

Superior Court of Delaware, New Castle.

March 17, 1967.

Attorney(s) appearing for the Case

Carl Schnee, Wilmington, for plaintiffs.

Joseph H. Flanzer, Wilmington, for defendant, City of Wilmington.

Thomas G. Hughes (of O'Donnell, Hughes & Lowicki), Wilmington, for defendant, Delaware Coach Co.

MEMORANDUM OPINION

LYNCH, Judge.

The plaintiff Elsie Johns asserts she was a passenger on a bus of defendant Delaware Coach Company on April 8, 1966, and in the act of alighting from the bus she fell in a hole or rut in a city street. She has sued the City of Wilmington1 and Delaware Coach Company2. The accident was not reported to the Delaware Coach Company.

When Mrs. Johns' deposition was...

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