BENNETT v. ANDREE


252 A.2d 100 (1969)

Phyllis E. BENNETT, Widow of John N. Bennett, III, Deceased, and Administratrix of the Estate of John N. Bennett, III, Deceased, Plaintiff Below, Appellant, v. William C. ANDREE et al., Defendants Below, Appellees.

Supreme Court of Delaware.

March 20, 1969.


Attorney(s) appearing for the Case

Bruce M. Stargatt and Ben T. Castle, of Young, Conaway, Stargatt & Taylor, Wilmington, for appellant.

Roger Sanders, of Prickett, Ward, Burt & Sanders, Wilmington, for appellees.

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


WOLCOTT, Chief Justice.

Both the plaintiff and the defendant appeal from the grant of a new trial. The action is one brought by a widow for wrongful death under 10 Del.C. § 3704. She also sued as administratrix under the Survival Statute, 10 Del.C. § 3701. The jury returned a verdict for the plaintiff who moved for a new trial on the issue of damages alone. The trial judge granted a new trial as to both liability and damages.

Plaintiff argues (1...

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