BECK v. HALEY


239 A.2d 699 (1968)

Grace A. BECK, Defendant Below, Appellant, v. Russell J. HALEY, Plaintiff Below, Appellee.

Supreme Court of Delaware.

February 28, 1968.


Attorney(s) appearing for the Case

Houston Wilson, Georgetown, for defendant below, appellant.

Harold Schmittinger of Schmittinger & Rodriguez, Dover, for plaintiff below, appellee.

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


HERRMANN, Justice:

This is an appeal from judgment for the plaintiff in an automobile negligence case. The determinative question is whether the jury instruction as to the law of contributory negligence was sufficiently related to the facts. We think not.

At the outset, it is important to note that the issue of contributory negligence is, as the Trial Judge stated, a "close factual issue" in this case. That this is...

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