SCOTT v. DIAMOND STATE TELEPHONE COMPANY


239 A.2d 703 (1968)

Thomas C. SCOTT, Plaintiff Below, Appellant, v. The DIAMOND STATE TELEPHONE COMPANY, Defendant Below, Appellee.

Supreme Court of Delaware.

March 8, 1968.


Attorney(s) appearing for the Case

B. Wilson Redfearn, Wilmington, for plaintiff below, appellant.

Hugh Corroon, of Potter, Anderson & Corroon, Wilmington, for defendant below, appellee.

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


CAREY, Justice:

The plaintiff below, Dr. Thomas C. Scott, has appealed from a judgment of the Superior Court in favor of defendant below, The Diamond State Telephone Company. The case was tried without a jury. The Court applied the doctrine of res ipsa loquitur but entered judgment in appellee's favor on the merits, holding that appellant "has not established defendant's liability by a preponderance of the evidence...

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